The Zoning Administrator and any other officials or agencies designated by the Mayor have responsibility for enforcing this UDO. All departments, officials, agencies and employees vested with the authority to review, recommend or issue development approvals, permits or licenses must act in accordance with the provisions of this UDO. (Ord. 2018-16, 12-4-2018)

Unless otherwise expressly allowed by this UDO or State law, any violation of a provision of this UDO - including any of the following - are subject to the remedies and penalties provided for in this UDO.

   A.   To use land, buildings or other structures in any way that is not consistent with the requirements of this UDO;

   B.   To erect a building or other structure in any way not consistent with the requirements of this UDO;

   C.   To install or use a sign in any way not consistent with the requirements of this UDO;

   D.   To engage in the use of a building, structure or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this UDO without obtaining such required permits or approvals;

   E.   To engage in the use of a building, structure or land, the use or installation of a sign, or any other activity for which a permit or approval has been granted under this UDO or under previous zoning regulations of the City in any way inconsistent with such permit or approval or any conditions imposed on the permit or approval;

   F.   To violate the terms of any permit or approval granted under this UDO or under previous zoning regulations of the City or any condition imposed on the permit or approval;

   G.   To obscure, obstruct or destroy any notice required to be posted under this UDO;

   H.   To violate any lawful order issued by any authorized public official; or

   I.   To continue any violation after receipt of notice of a violation. (Ord. 2018-16, 12-4-2018)

Each day that a violation continues constitutes a separate violation of this UDO. (Ord. 2018-16, 12-4-2018)

The City has all remedies and enforcement powers allowed by law, including, without limitation, all of the following:

   A.   Fines: Any person violating any provisions of this UDO or failing to comply with any of its requirements may be deemed guilty of a misdemeanor punishable by a fine.

   B.   Withhold Permit:

      1.   The Zoning Administrator may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements upon which there is an uncorrected violation of a provision of this UDO or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.

      2.   The Zoning Administrator may deny or withhold all permits, certificates or other forms of authorization on any land where an uncorrected violation exists. The Zoning Administrator may also withhold all permits, certificates or other forms of authorization on any other land owned by the owner of land on which an uncorrected violation exists. This enforcement provision may be used regardless of whether the property for which the permit or other approval is sought is the property in violation.

      3.   Instead of withholding or denying a permit or other authorization, the Zoning Administrator may grant such authorization subject to the condition that the violation be corrected.

   C.   Revoke Permits:

      1.   A permit, certificate or other form of authorization required under this UDO may be revoked by the Zoning Administrator when the Zoning Administrator determines:

         a.   That there are unapproved significant, material departures from approved plans or permits;

         b.   That the development permit was procured by false representation or was issued by mistake; or

         c.   That any of the provisions of this UDO or approval previously granted by the City are being violated.

      2.   Written notice of revocation must be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued. If no persons can reasonably be served with notice, the notice must be posted in a prominent location.

   D.   Stop Work: With or without revoking permits, the Zoning Administrator may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this UDO or of a permit or other form of authorization issued under this UDO or previous zoning regulations.

   E.   Injunctive Relief: The City may seek an injunction or other equitable relief in court to stop any violation of this UDO or of a permit, certificate or other form of authorization granted under this UDO or previous zoning regulations.

   F.   Forfeiture And Confiscation Of Signs On Public Property: Any sign installed or placed on public property, except in compliance with the regulations of this UDO will be considered forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this chapter, the City has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.

   G.   Abatement: The City may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

   H.   Other Penalties, Remedies And Powers: The City may seek such other penalties and remedies as are provided by law.

   I.   Continuation Of Previous Enforcement Actions: Nothing in this UDO prohibits the continuation of previous enforcement actions, undertaken by the City pursuant to previous valid ordinances and laws. (Ord. 2018-16, 12-4-2018)

The remedies and enforcement powers established in this UDO are cumulative, and the City may exercise them in any combination or order. (Ord. 2018-16, 12-4-2018)

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions. (Ord. 2018-16, 12-4-2018)

   A.   Non-Emergency Matters: In the case of violations of this UDO that do not constitute an emergency or require immediate attention, the Zoning Administrator must give notice of the nature of the violation to the property owner by personal service, U.S. first class mail or by posting notice on the premises. Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.

   B.   Emergency Matters: In the case of violations of this UDO that constitute an emergency situation as a result of public health or safety concerns if not remedied immediately, the City may use the enforcement powers available under this UDO without prior notice, but the Zoning Administrator must attempt to give notice to the property owner simultaneously with beginning enforcement action. (Ord. 2018-16, 12-4-2018)

A determination made by the Zoning Administrator or other administrative officials that a UDO violation has occurred may be appealed by the affected party in accordance with section 10-15-14 of this title. (Ord. 2018-16, 12-4-2018)