(a)

Enforcement. The provisions of this article shall be administered and enforced by the growth management director.

(b)

Violations. Any violations of any provision of this article shall be enforced by the code enforcement board as established in chapter 2, article IV or chapter 2 of the City Code.

(Ord. No. 17-2000, § 319, 7-20-00)

(a)

Violations.

(1)

Failure to comply. It shall be unlawful for any person to violate this chapter or to fail to comply with any of its requirements. Any person who violates this chapter or who fails to comply with any of its requirements shall be subject to the provisions of this article or chapter 2 of the City Code. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violations shall be subject to the provisions of chapter 2, article IV. Each day a violation continues shall be considered a separate offense.

(2)

Development orders. Failure to comply with conditions of approval, stipulations, developer agreements, and other safeguards established in connection with the approval of development orders, including variances, conditional uses, PCDs, PUDs, MXDs, site plans, or other approvals granted by the city is a violation of this chapter. Each day a violation continues shall be considered a separate offense.

(3)

Other remedies. Nothing contained in this subsection shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 17-2000, § 320, 7-20-00)

(a)

Cease and desist orders. The city council shall have the authority to issue cease and desist orders in the form of written official notices given to the owner of the subject building, property, or premises or to the owner's agent, lessee, tenant, contractor or to any person using the land, building, or premises where such violation has been committed or exists.

(b)

Building permits and certificates of occupancy.

(1)

Issuance. A building permit or certificate of occupancy shall not be issued by the city for any purpose except in compliance with this chapter and other applicable ordinances and laws.

(2)

Revocation. The city may revoke a building permit or certificate of occupancy in the event of the following:

a.

When a determination has been made that false statements or misrepresentations existed as to material facts in the application or plans upon which the permit or certificate was based; or

b.

When the permit or certificate was issued in error.

(3)

Suspension.

a.

The city may suspend a building permit or certificate of occupancy when determination has been duly made that an error or omission on either the part of the applicant or government agency existed in the issuance of the permit or approval of the certificate of occupancy.

b.

A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission.

(4)

Notice and appeal. All city decisions concerning the issuance, revocation, or suspension of a building permit or a use, as well as decisions pertaining to administrative interpretations of the zoning regulations shall be stated in official written notice to the permit applicant or affected party. Any decision may be appealed to the planning, zoning, and appeals board as provided in section 78-23. Appeals to the board for matters that do not affect adjacent property owners or the general public are not required to be advertised prior to being heard by the planning, zoning, and appeals board.

(c)

Exhaustion of remedies and court review. Any person aggrieved by any zoning resolution, ordinance, order, requirement, decision, or determination of any administrative officer or body must exhaust all remedies provided in this chapter prior to any other form of appeal. Upon exhaustion of administrative remedies, any aggrieved party may apply for judicial relief by filing of a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit. The petition for judicial relief must be filed within the schedule listed below.

(1)

Non-administrative decisions. Judicial appeal from any non-administrative decisions for which there is no administrative remedy shall be filed within 30 days following the date of such decision.

(2)

Administrative decisions. Judicial appeal from any administrative decisions for which there are administrative remedies shall be filed within 30 days following the final decision which exhausts all administrative remedies.

(Ord. No. 17-2000, § 321, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04)