The purpose of this chapter is to describe the authority and responsibilities for administering this Unified Development Ordinance (UDO). It provides regulations for legal nonconforming land uses, structures, and parcels, that were lawful before the adoption, or amendment of this UDO, but which would be prohibited, regulated, or restricted differently under the current terms of this UDO or an amendment that changed applicable requirements. It also describes how the Ordinance is to be enforced and the penalties resulting from noncompliance.

(Ord. 17-O-618, Passed 3-16-17)

The City Council is authorized by the Ohio Revised Code to adopt regulations governing plats and subdivisions of land with the City of Riverside. The City of Riverside has adopted a plan for major streets or highways of the City of Riverside, a statutory requirement for reviewing plats or subdivisions.

A.

Role. The role of City Council in land use regulation and development approval includes considering amendments to the text of existing planning ordinances and documents and adopting or rejecting new planning documents, considering amendments to the text of the UDO and Official Zoning Map, accepting final plats, and confirming appointments to the Planning Commission and Board of Zoning Appeals as submitted by the Clerk of Council.

B.

Powers and Duties. For the purposes of this UDO, the City Council shall have the following powers and duties:

1.

To adopt the official Comprehensive Plan of the City of Riverside;

2.

To determine qualifications and confirm appointments to members of the Planning Commission and Board of Zoning Appeals;

3.

To adopt or amend the Official Thoroughfare Plan and the Official Zoning Map of the City of Riverside;

4.

To initiate or act upon proposed amendments, supplements enactments to the UDO and changes to the Official Zoning Map, or changes to the UDO text or map per Section 1105.07;

5.

To accept final plats;

6.

To decline to follow a recommendation of Planning Commission provided that such action is passed or approved by a simple majority vote of the full membership of the City Council;

7.

Determine and issue Approvals as denoted in Section 1105.09, Table 1105.09: Development Approvals.

(Ord. 17-O-618, Passed 3-16-17)

The authority for the establishment of the Planning Commission is set forth in Article IX, Section 9.03 and Section 9.04, of the City Charter.

A.

Role. The role of the Planning Commission as established in the City Charter and further defined here in the UDO is to include responsibility for reviewing and recommending to City Council a Comprehensive Plan for the physical development of the City of Riverside, the Official Transportation Plan, an Official Zoning Map, UDO amendments and/or enactments, amendments to the UDO regulations, preliminary and final plats, and other administrative development approvals. Such authority shall be limited to the UDO as may be codified by the Riverside City Council.

B.

Powers and Duties.

1.

The Planning Commission shall have all the powers and duties prescribed by the Ohio Revised Code, the Charter of the City of Riverside and all other applicable ordinances of the City of Riverside with its membership guidelines and operating procedures being documented in the Planning Commission By Laws;

2.

Recommendation of Ordinances to Council. The Planning Commission shall have the power to draft a new ordinance or an amendment to an existing ordinance. The Planning Commission shall recommend action to the City Council on a new ordinance or an amendment to an existing ordinance as they relate to pertinent sections of the UDO;

3.

The Planning Commission shall have the power to adopt rules of procedure as may be necessary to perform its duties and as stated in the Planning Commission By Laws;

4.

To make decisions on conditional uses, major site plans, preliminary plans and final plats;

5.

To assist with the implementation of the principles, goals, and strategies of the Comprehensive Plan;

6.

The Planning Commission shall have all additional powers granted by the City Council;

7.

Determine and issue Approvals as denoted in Section 1105.09, Table 1105.09: Development Approvals.

(Ord. 17-O-618, Passed 3-16-17)

The authority for the establishment of the Board of Zoning Appeals is set forth in Article IX, Section 9.05 and Section 9.06, of the City Charter.

A.

Role. As established in the City Charter, the role of the Board of Zoning Appeals is to hear appeals from individuals who are requesting exceptions or variations from City Ordinances in regards to land use and building requirements or from individuals who are questioning the appropriateness of such orders made by City officials. Meetings of the Board shall be held at the call of the Chairman, and at such times as such Board may determine.

The Chairman, or in his/her absence the Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of such Board shall be open to the public as required by law. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record. A copy of the decision for each case shall be sent to the applicant by certified mail.

Decisions of the Board of Zoning Appeals (BZA) shall be final.

B.

Powers and Duties.

1.

To hear and determine applications for variances from the provisions of the UDO, in harmony with the intent and purposes of the zoning ordinances;

2.

To hear and determine appeals from any decision made by a City of Riverside official who enforces and applies the UDO;

3.

The Board of Zoning Appeals shall hear and determine such other matters as may be prescribed by City Charter, by Ordinance or by Administrative Code;

4.

To grant variances to the standards of the UDO, excluding use;

5.

The BZA shall organize and adopt rules in accordance with the provisions of this UDO for the transaction and disposition of its business and the exercise of its powers;

6.

Determine and issue Approvals as denoted in Section 1105.09, Table 1105.09: Development Approvals.

C.

Procedure at Hearings.

1.

All testimony shall be given under oath.

2.

A complete record of the proceedings shall be kept, except confidential deliberations of the Board of Zoning Appeals, but including all documents presented and detailed record of the testimony of all witnesses.

3.

The applicant shall proceed first to present evidence and testimony in support of the appeal or variance.

4.

The administrator may present evidence or testimony in opposition to the appeal or variance.

5.

All witnesses shall be subject to cross examination by the adverse party or their counsel.

6.

Evidence that is not admitted may be proffered and shall become part of the record for appeal.

7.

The Board of Zoning Appeals shall issue subpoenas upon written request for the attendance of witnesses. A reasonable deposit to cover the cost of issuance and service shall be collected in advance.

8.

The Board of Zoning Appeals shall prepare conclusions of fact supporting its decision. The decision may be announced at the conclusion of the hearing and thereafter issued in writing or the decision may be issued in writing within a reasonable time after the hearing.

(Ord. 17-O-618, Passed 3-16-17)

With the adoption of this UDO there is established the Technical Review Committee (TRC):

A.

Role. The TRC is the technical review body composed of City Staff responsible for the initial review of applications submitted to the City of Riverside under the UDO.

B.

Powers and Duties. The members of the TRC shall review all applications forwarded to it by the Director of Planning and Program Management (DPPM) and respond to other issues to be considered by the City Council, Planning Commission, and Board of Zoning Appeals that are relevant to the purpose, intent, and implementation of the UDO and other related regulations.

C.

Membership. The TRC shall be comprised of at least one staff member from the Planning and Program Management, Public Services, and Fire Departments. Additional persons possessing specific expertise in a matter relating to a given application or issue may be added to the TRC, as determined by the Director of Planning and Program Management including, but not limited to, Building Inspection, Economic Development, Police Division, and the Law Director.

D.

Meetings. The Director of Planning and Program Management will serve as the Chairperson of the TRC, schedule meetings, and prepare follow up reports as appropriate. At his/her discretion, the Director of Planning and Program Management may invite the applicant to attend the TRC meeting. The TRC meeting for an application shall occur before the staff report is prepared for that application.

(Ord. 17-O-618, Passed 3-16-17)

A.

Role. The role of City Staff is to administer the UDO in accordance with the City Charter, the Ordinances and job descriptions.

B.

Powers and Duties. For the purposes of this UDO, the City Staff shall have the following powers and duties:

1.

The City Manager shall be responsible for the efficient implementation of the UDO as it relates to benefitting all aspects of the governance, property values and citizens of the City of Riverside as it is executed by City Staff, overseen by the Planning Commission and as amended by City Council. The City Manager shall also be responsible for advising the Planning Commission and the City Council on revisions, amendments, additions and deletions as may be necessary for compliance with State and local law or effect the efficient operations of the City of Riverside. The City Manager may utilize and empower City of Riverside employees outside of the Planning and Program Management Department for the purposes of assisting in the effective and efficient application of the UDO.

2.

The Department of Planning and Program Management (DPPM) under the supervision of the Planning and Program Management Director (PPMD) shall be responsible for the general overview and application of the UDO as it relates to the regulations of land use, buildings, and properties within the City of Riverside. The PPMD may designate members of the DPPM the necessary responsibilities for the effective and efficient application of the UDO. The PPMD shall act as the administrative staff to the Planning Commission and the Board of Zoning Appeals.

For the purpose of the UDO, the DPPM shall:

a.

Interpret the meaning and application of the UDO text and the Official Zoning Map;

b.

Accept and certify, as to completeness, all submitted applications. Incomplete applications will not be acknowledged;

c.

Place informal proposals on the agenda of the TRC, Planning Commission, and Board of Zoning Appeals;

d.

Respond to inquiries;

e.

Determine and issue Approvals in compliance with this UDO;

f.

Maintain permanent and current records in conformance with the City of Riverside's Records Retention/Disposition Policy;

g.

Enforcement: The Planning and Program Management Department and other appointed City of Riverside personnel as designated by the City Manager will enforce the UDO by:

(1)

Conducting inspections of sites, buildings and uses of land to determine compliance with the UDO; and

(2)

Determine the existence of any violations of this UDO, issue notifications, or initiate other administrative or legal action as needed.

3.

All City staff shall assist in the administration and enforcement of the UDO as designated by the City Manager.

(Ord. 17-O-618, Passed 3-16-17)

A.

Purpose. Within the districts established by this Ordinance, nonconformances include lots, uses of land, structures, and structures and land in combination that exist and were lawful before this Ordinance was passed or amended, but would be prohibited, regulated or restricted under the terms of this Ordinance. The legitimate interest of those who lawfully established these nonconformities are recognized by providing for their continuance, subject to regulations limiting their completion, restoration, reconstruction, extension and/or substitution. Nothing contained in this Ordinance shall be construed to require any change in the layout, plans, construction, size or use of any lot, structure or structure and land in combination for which a zoning permit became effective and does not lapse prior to the effective date of this Ordinance. While it is the intent of this Ordinance that such nonconformities be allowed to continue until removed, they should not be encouraged to survive. A nonconformity shall not be moved, extended, altered, expanded, or used as grounds for any other use(s) or structure(s) prohibited elsewhere in the district without the approval of the Board of Zoning Appeals, except as otherwise specifically provided for in this Ordinance.

B.

Incompatibility of Nonconformities. Nonconformities are declared by this Ordinance to be incompatible with permitted uses in the districts in which such uses are located. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this Ordinance or by the addition of other uses of a nature which would be generally prohibited in the district in which such use is located.

C.

Avoidance of Undue Hardship. To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried out diligently. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction.

D.

Certificate of Noncompliance. The Zoning Administrator may, upon his/her own initiative, or shall upon the request of any owner, issue a Certificate of Noncompliance for any lot, structure, use of land, use of structure or use of land and structure in combination, that certifies that the lot, structure or use is a valid nonconforming use. The Certificate shall specify the reason why the use is a valid nonconforming use, including a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming. The purpose of this section is to protect the owners of lands or structures that are, or becoming, nonconforming. No fee shall be charged for such a certificate. One copy of the certificate shall be returned to the owner and one copy shall be retained by the Zoning Administrator, who shall maintain, as a public record, a file of all such nonconforming lots, structures, uses of land, uses of structures, or uses of structures and land in combination.

E.

Substitution of Nonconforming Uses. So long as no structural alterations are made, except as required by enforcement of other codes or ordinances, any nonconforming use may, upon appeal to and approval by Board of Zoning Appeals be changed to another nonconforming use of the same classification or of a less intensive classification, provided that Board of Zoning Appeals shall find that the use proposed for substitution is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, Board of Zoning Appeals may require that additional conditions and safeguards be met, which requirements shall pertain as stipulated conditions to the approval of such change, and failure to meet such conditions shall be considered a punishable violation of this Ordinance. Whenever a nonconforming use has been changed to a less intensive use or becomes a conforming use, such use shall not thereafter be changed to a more intensive use or other nonconforming use.

F.

Single Nonconforming Lots of Record. In any district in which single family dwellings are permitted, a single family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both (that are generally applicable in the district), provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

G.

Nonconforming Lots of Record in Combination. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Ordinance. No portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this Ordinance.

H.

Nonconforming Uses of Land. At the time of adoption of this Ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this Ordinance. These uses may be continued so long as they remain otherwise lawful, provided:

1.

No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance;

2.

No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date or adoption or amendment of this Ordinance;

3.

If any such nonconforming uses of land are voluntarily discontinued or abandoned for more than one year (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located; and

4.

No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land.

I.

Nonconforming Structures. Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

2.

Should such nonconforming structure or nonconforming portion of a structure be destroyed, by any means, to the extent of more than 50 percent of the cost of replacement at time of destruction of such structure, it shall not be reconstructed except in conformity within the provision of this Ordinance; and

3.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

J.

Nonconforming Uses of Structures or of Structures and Land in Combination. If a lawful use involving individual structures, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of structure to a use permitted in the district in which it is located;

2.

Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building;

3.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not be thereafter resumed;

4.

When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for more than one year (except when government action impedes access to the premises), the structure, or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and

5.

When nonconforming use status is applied to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

K.

Nonconforming Signs. Where a sign was lawful on the effective date of adoption or amendment of this Ordinance but would not be lawful under the terms of this Ordinance, such sign may be allowed so long as it remains otherwise lawful, subject to the following provisions:

1.

A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, lettering, painted boards or demountable material on such nonconforming sign shall be permitted.

2.

Minor repairs and maintenance of nonconforming signs such as repainting, electrical repairs and replacements, and neon tubing repair shall be permitted. However, no structural repairs or changes in the location, size or shape of the sign shall be permitted except to make the sign comply with the requirements of this chapter.

3.

Should such nonconforming sign or nonconforming portion of the sign be destroyed, as defined in this chapter, there shall be no reconstruction or repair of the sign except in full conformity with the provisions of this Unified Development Ordinance.

4.

Any nonconforming sign which is altered, except as provided for herein, relocated or replaced shall comply with all provisions of this chapter as if it were a new sign except as provided above.

L.

Termination of Use through Discontinuance. When any nonconforming use is discontinued or abandoned for more than one year, any new use shall not thereafter be in conformity with the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall not be evidence of its continuance. In the event that any nonconforming building or structure is destroyed by any means to the extent of more than 50 percent of the cost of replacement of such structure, exclusive of foundation, it shall not be rebuilt, restored or reoccupied for any use unless it conforms to all regulations of this Ordinance.

M.

Repairs and Maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use or structure, work may be done for ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. Where appropriate, a building permit for such activities shall be required by the current version of the Ohio Building Code or Ohio Residential Code as defined in Chapter 1301 of the Codified Ordinances. The Montgomery County Building Regulations Department is the Authority having jurisdiction over Building, Mechanical, Electrical, Fire Alarm, and all other required permits. A Certificate of Zoning Compliance (CZC) shall be issued by the City of Riverside prior to plan review by the Montgomery County Building Regulations Department or the Building Authority as designated by the City Manager.

(Ord. 17-O-618, Passed 3-16-17)

A.

Enforcement by DPPM. It shall be the duty of the DPPM to enforce this UDO in accordance with these administrative provisions. All departments, officials and employees of the City of Riverside, shall comply with the provisions of this UDO, and shall issue no permit, license, or registration for any use, building or purpose which conflicts with the provisions of this UDO. In addition all City staff are authorized to and may assist in enforcement of the UDO. Any permit, license, or registration, issued in conflict with the provisions of this UDO shall be voidable by the DPPM. The duties imposed on the DPPM shall not constitute a limitation on the power of other enforcement officers of the City of Riverside to make arrests or to institute prosecutions for violations of this UDO.

B.

Inspections. The City shall make inspections of premises located within the City of Riverside for purposes of enforcing the provisions of this Unified Development Ordinance. For the purpose of making such inspections, and upon showing appropriate identification, those employees of the City tasked by the City Manager with the authority to enforce the Unified Development Ordinance are hereby authorized to examine and survey at any reasonable hour all residential, commercial, industrial and other premises. The City or its contractor shall not be liable in any action of trespass for entering upon private lands for the purposes of administering the provisions of this Unified Development Ordinance.

C.

Notice of Violation and Order of Compliance and Correction.

1.

Content. Whenever the City determines that there is a violation of the provisions of this Code, it may give notice of such violation to the person or persons responsible therefor and order compliance, as hereinafter provided. Such Notice of Violation and Order of Compliance and Correction, which may be captioned simply "Notice of Violation," shall:

a.

Be in writing;

b.

If the violation involves real estate, include a description of the real estate sufficient for identification;

c.

Include a statement of the reason or reasons why it is being issued, which includes citation to the specific code sections alleged to be violated;

d.

Include a compliance and correction order allowing a reasonable time for the repairs and improvements required to bring the property or vehicle into compliance with the provisions of this Code; and

e.

State the right of the violator to file an appeal of the notice with the Board of Zoning Appeals within ten days of receipt of the notice.

2.

Service. A Notice of Violation and Order of Compliance and Correction shall be deemed to be properly served if one or more of the following methods are used:

a.

By personal delivery to the owner or occupant of the premises or by leaving the notice at the premises with a person of suitable age and discretion; or

b.

Service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be retained by the City. Service shall be deemed complete when the fact of mailing is entered upon the City's record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or

c.

By posting a copy of the notice and order in a conspicuous place on the premises or on the vehicle found to be in violation.

3.

Repeat Violators.

a.

For the second violation of the same general character occurring within 12 months of the first violation, a Notice of Violation specifying that the violation will be corrected within 24 hours of receipt of said violation of notice may be sent. If the violation is not corrected by the specified compliance date, appropriate action or proceeding may be instituted in a court of proper jurisdiction.

b.

For the third violation and each subsequent violation of the same general character occurring within 12 months of the first violation, appropriate action or proceeding may be instituted immediately in a court of proper jurisdiction.

D.

Violations, Remedies. In case any building is used, or is proposed to be used, in violation of this UDO, or any amendment or supplement, the City Council, City Manager, Law Director, DPPM Department or any adjacent or neighboring property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use. The action could be 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 such premises.

E.

Exemptions. Government entities carrying out a governmental function, activity, or implementation of essential services may be exempt in whole or in part from this UDO at the discretion of the Law Director and the City Manager.

F.

Other Remedies. Nothing herein contained shall prevent the City of Riverside from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 17-O-618, Passed 3-16-17)

A.

Interpretations. Some terms or phrases within the Ordinance may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the Ordinance text.

B.

Ordinance Interpretation Procedure.

1.

Requests. Any person, firm, corporation, or other legal entity may request an Ordinance interpretation. An Ordinance interpretation request shall be made in writing to the DPPM.

2.

Decision to Issue Interpretation. The DPPM or his designee shall have the authority to interpret the Ordinance, or refer the request to the Planning Commission for its interpretation. The DPPM or his designee shall, within seven days after the request is made, review and advise in writing to the requesting party on whether or not the City of Riverside will make an interpretation.

3.

Written Interpretation. If the City of Riverside decides to issue an interpretation, it shall be issued in writing and shall be mailed or delivered to all parties that requested the interpretation. The written interpretation shall be issued within 14 days of the request. The decision shall become effective ten working days later.

4.

Appeals. The applicant and any party who received notice or who participated in the proceedings through the submission of written or verbal evidence may appeal the decision to the Board of Zoning Appeals citing the procedure outlined in Section 1105.19 of this UDO. The appeal must be filed within ten working days after the interpretation was mailed or delivered to the applicant. Initiating an appeal requires filing a notice of appeal with the Board of Zoning Appeals pursuant to Section 1105.19 of this UDO.

5.

Interpretations on File. The City of Riverside shall keep on file a record of all Ordinance interpretations in the central filing system.

(Ord. 17-O-618, Passed 3-16-17)

A.

Stop Work Order. On notice from the Director of Planning and Program Management or designee that work on any building or structure is being done in a way that is contrary to the provisions of the Unified Development Ordinance or in an unsafe and dangerous manner, such work shall be immediately stopped.

The Stop Work Order shall be in writing and shall be given to the owner of the property involved, owner's agent, person doing the work, or posted in a prominent location on the premises and shall state the conditions under which work may be resumed.

B.

Unlawful Continuance. No person shall continue any work in or about the structure after having been served with a Stop Work Order, except such work as he is directed to perform to remove a violation or unsafe conditions.

C.

Posting of Orders. Each order issued by the Director of Planning and Program Management or designee, or a copy or copies thereof, shall be prominently posted by the responsible person at or near the main entrance or lobby to the premises where the violation or violations are located.

D.

Unlawful Removal. The owner, his duly authorized agent, the occupant, or other person responsible for the conditions under violation shall be responsible for maintaining the order in its posted location until the order has been cleared by the Planning and Program Management Director or designee.

E.

Compliance with Orders. No person shall willfully fail or refuse to comply with any lawful order or direction of the Planning and Program Management Director or designee or interfere with the compliance attempts of another individual.

(Ord. 17-O-618, Passed 3-16-17)

A.

No person, firm, corporation, or other legal entity shall violate any provision or fail to conform to any of the requirements of this Unified Development Ordinance or fail to comply with any order made thereunder.

B.

1.

In the event the person fails to pay a civil penalty, as issued under this Code, or pay costs incurred by City for clean-up, repair and/or abatement of the premises within 30 days after being notified in writing, by regular U.S. mail, or posting on premises, of the amount thereof by the City Zoning Inspector or other authorized City designee; said penalty and/or costs may be collected using one or more of the following methods:

a.

Such expenses may be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or

b.

The City Law Director is authorized to bring suit and take other necessary legal action to collect such expenses.

C.

The application of the penalty provided in subsection B. hereof shall not be held to prevent the institution of remedies as provided by 1103.15.C or as otherwise provided by law.

(Ord. 17-O-618, Passed 3-16-17; Ord. No. 21-O-759, § 1, 3-4-21)