This chapter establishes the procedures that the city may use to assure compliance with this title's provisions and correct violations. The chapter also sets out the remedies and penalties that the city may seek to correct violations. The provisions of this chapter are intended to encourage the voluntary correction of violations.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

The zoning administrator or their appointee shall administer and enforce the provisions of this title and shall have powers and duties to:

A.

Review all permits and certificates required by this title for compliance.

B.

Issue all permits and certificates required by this title after administrative review.

C.

Inspect any property, building, or structure that has applied for a permit to be erected, constructed, reconstructed, or structurally altered. A building permit or certificate of occupancy will not be issued until an inspection has been made.

D.

Inspect any structure reported or observed that is not in compliance.

E.

Notify in writing the person responsible for violations of this title, as described in this chapter.

(Ord. No. 1465, § 2(Att.), 9-11-2023)

Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this title, upon conviction, shall be in violation of this zoning ordinance, and each day that a violation is permitted to exist constitutes a separate offense. The city council is designated and ordered to enforce this title.

A.

Enforcement. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this title, the city council, in addition to other remedies, shall institute any proper action or proceedings in the name of the city, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about said premises.

B.

Abatement. The city may abate violations of this title pursuant to this section. This remedy is authorized for, but is not limited to, any situation where any property owner fails to construct, improve, or maintain any improvement that is required by the terms of any permit or approval or any condition upon any land that violates this title.

1.

Notice. Before action is taken to abate a violation of this title or any violation of an ordinance or other policies of the city, a final warning notice shall be served personally or by certified mail with a return receipt required to the owner of record of the property, or to the property owner or association, as applicable, and a period of five business days shall be given from the date of the notice indicated by the date on the letter. Failure to receive such notice when the U.S. Post Office has provided proof of delivery to the correct address shall not forestall enforcement action under this provision.

2.

Timing. Unless this notice is appealed, pursuant to the requirements of this title, within ten days of the posting of the final warning, the city may proceed to abate the violation in accordance with city policies and procedures.

3.

Costs. The zoning administrator shall keep an account of the direct and indirect costs incurred by the city in the abatement of any violation. The zoning administrator shall forward a bill for collection to the violator or association and the property owner of record specifying the nature and costs of the work performed. Direct and indirect costs shall include, but not be limited to, the actual expenses and costs to the city in the preparation of the notices, specifications, and contracts, actual physical abatement processes, work inspection, and interest from the date of completion at the rate prescribed by law for delinquent real property taxes.

4.

Payment. The responsibility for payment of the charges for abatement as set out in this section shall rest solely upon the owners of the property upon which the abatement occurred or the property owners' association, as applicable. Such charges shall become a lien upon the real property or properties upon which the violation was located or upon properties associated with the property upon which the violation was located. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state or municipal property taxes, with which it shall be upon a parity. The lien shall continue until the charges and all interest due and payable thereon are paid.

C.

Judicial Remedies. The city is allowed to request remedies to enforce this title in a court of competent jurisdiction. This section shall not limit the power of the city to pursue multiple or alternative actions, remedies, and penalties or to pursue actions, remedies, and penalties that are authorized by law but not listed in this section.

1.

Fines. Any person, firm, corporation, agent, or employee who violates any of the provisions of this title shall be fined according to the resolution of the city council, as amended from time to time.

2.

Injunctive Relief. The city may seek an affirmative injunction to require the demolition or removal of a structure or to allow the city to demolish or remove a structure and recover costs against the landowner, pursuant to the provisions of state law.

D.

Severability. Should any section or provision of this resolution be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the resolution or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. No. 1465, § 2(Att.), 9-11-2023)