(a)

The Mayor and City Council may employ or appoint a Zoning Administrator whose responsibilities principally would include the administration, interpretation, and enforcement of zoning, sign, soil erosion, flood damage prevention, subdivision, land development, and related regulations adopted and enforced by the City. The Zoning Administrator may be authorized by the Mayor and City Council to conduct inspections, issue land disturbance and development permits approved by the Planning Commission, and exercise any other administrative and enforcement duties specifically assigned or which are reasonably implied within the duties and responsibilities of the Zoning Administrator. In the absence of the appointment or employment of an individual to serve as Zoning Administrator, the City Manager shall serve as the Zoning Administrator.

(b)

This chapter shall be administered, interpreted, and enforced by the Zoning Administrator and the Planning Commission, who shall have the duties and authority with respect to this chapter as provided in the various articles and sections of this chapter and those necessarily implied by the provisions.

(Code 1997, § 40-1601; Ord. of 2-6-2012, § 1(40-1601); Res. of 4-2-2012, § 40-601)

The Building Official shall be authorized to conduct inspections, issue and disapprove building permits, issue or disapprove certificates of occupancy, and exercise any other administrative and enforcement actions reasonably implied within the duties and responsibilities of Building Official.

(Code 1997, § 40-1602; Ord. of 2-6-2012, § 1(40-1602))

A Code Enforcement Officer, if appointed pursuant to section 2-165, shall be authorized to conduct investigations and execute enforcement actions when there is alleged to be a violation of any provision of this chapter.

(Code 1997, § 40-1603; Ord. of 2-6-2012, § 1(40-1603))

(a)

Notice and warning. If, through inspection, it is deemed that a person engaged in any activity inconsistent with the provisions of this chapter, with an approved plan or permit, or with conditions of a permit, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the date upon which such measures must be completed, which shall be no fewer than five days from the issuance of the written notice. This written notice to comply shall serve as a written warning to the violator. If the person engaged in the unlawful activity fails to comply by the date specified, he shall be deemed in violation of this chapter.

(b)

Stop-work order. If the violation is not corrected within the time frame provided in the notice, the Zoning Administrator, designee, or other authorized enforcement officer shall issue a stop-work order requiring that such unlawful activities be stopped until necessary corrective action or mitigation has occurred. For a third and each subsequent violation, the enforcement agent shall issue an immediate stop-work order. All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred.

(c)

Service of notices, warnings, and stop-work orders. Any notices, warnings or stop-work orders shall be deemed served upon the posting of the same in the permit box, if any, at the location where the activity is or was taking place. It is the responsibility of the permittee to monitor and check the permit box for material issued pursuant to this chapter. If the violation is by a tenant, person, corporation, firm, or other entity who is not the owner of record of the building, structure, or land, the Zoning Administrator or designee shall provide written notice, either personally or by mail, to the owner of record of such building, structure, or land. If the owner of record does not bring the use of the building, structure, or land into compliance within the time specified in the notice, warning, or stop-work order, the owner shall be considered to be in violation of the provisions of this chapter.

(d)

Citation or injunction. If the violation is not corrected within the time frame provided in the notice, the Zoning Administrator, designee, or other authorized enforcement officer may issue a citation for violation of this chapter or other provision of this Code, requiring the presence of the violator in the Municipal Court or other court with jurisdiction. The Zoning Administrator may also institute an injunction, or institute other appropriate action or proceeding to prevent or abate such violation or to prevent the continuance of use or the occupancy of such building, structure, or land.

(e)

Suspension or revocation of permit or other authorization. Any permit or authorization issued pursuant to this chapter may be suspended, revoked, or modified by the chapter, as to all or any portion of the land affected, upon finding that the holder or his successor in the title is not in compliance with the approved plan or permit or that the holder or his successor in title is in violation of this chapter, after being so notified as required by this section.

(f)

Suspension or revocation of other approvals. As an additional remedy, the Zoning Administrator, designee, or other enforcement office may refuse or deny all city permits, licenses, certificates, utility connection authorization, and applications to the owner or his agents until such violation is abated or corrected.

(Code 1997, § 40-1604; Ord. of 2-6-2012, § 1(40-1604))

Any person who violates any provision of this chapter or any permit condition or limitation established pursuant to this chapter shall be liable for a civil penalty not to exceed the maximum permitted by state law. Each day during which violation or failure or refusal to comply continues shall be a separate violation. Any person who violates any provisions of this chapter, or any permit condition or limitation established pursuant to this chapter, may be sentenced to a period of confinement of up to 30 days.

(Code 1997, § 40-1605; Ord. of 2-6-2012, § 1(40-1605))