This chapter establishes procedures through which the city seeks to ensure compliance with the provisions of this Code and obtain corrections for violations of this Code. The chapter also sets forth the remedies and penalties that apply to violations of this Code. The provisions of this chapter are intended to encourage the voluntary correction of violations, where possible.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

No person shall develop or use any land, building, or structure within the city in violation of this Code, regulations authorized under this Code, or the terms and conditions of land use permits issued under this Code. The use of any land or structure shall conform to all conditions, restrictions, or limitations contained in any permit or required under any ordinance, and failure to so conform shall be a violation of this Code.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

Nothing in this Code shall prohibit the continuation of previous enforcement actions undertaken by the Code pursuant to previous regulations. Enforcement actions initiated prior to the effective date of this Code may be continued to completion or settlement under the terms of the regulations in effect at that time, unless such regulations as a result of this Code no longer apply.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

The provisions of this Code shall be administered and enforced by the city manager or such other person as may be designated by the city manager.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

Each of the following activities shall constitute a violation of this Code:

A.

Activity inconsistent with Code. Any erection, construction, reconstruction, remodeling, alteration, maintenance, expansion, movement, or use of any building, structure, or sign, or development or subdivision of any land, in contravention of any provision of this Code or any regulation promulgated under this Code.

B.

Activity inconsistent with permit or approval. Any development, use, construction, remodeling, or other activity in any way inconsistent with the terms or conditions of any permit or approval required to engage in such activity, whether issued under or required by this Code.

C.

Illustrative examples. Examples of activities inconsistent with this Code or inconsistent with permits or approvals issued under this Code include, but are not limited to, the following:

1.

Use of any land, structure, or improvement except in accordance with the requirements of this Code;

2.

Increasing the density or intensity of any use of any land or structure except in accordance with the requirements of this Code;

3.

Filing or recording of a subdivision plat in any public office without approval for recording pursuant to this Code;

4.

Storage or maintenance of goods, materials, products, or other items outside and in plain view including, but not limited to operable vehicles or equipment, or abandoned vehicles, except in compliance with this Code;

5.

Reduction or diminishment of lot area, setbacks, vegetation, or open space below the minimum requirements set forth in this Code or as otherwise approved;

6.

Damage to or removal of vegetation inconsistent with this Code;

7.

Creation, expansion, replacement, or change of a nonconformity inconsistent with this Code and all other applicable regulations;

8.

Failure to remove any sign installed, created, erected, or maintained in violation of this Code, or for which a permit has lapsed;

9.

Failure to remove a temporary use once authorization for the temporary use under this Code and all other applicable regulations has lapsed;

10.

Failure of a Homeowner's Association to construct, improve, or maintain any amenity, landscaping, buffers, fencing, or other improvements required by the terms of any permit or approval;

11.

Failure to maintain required landscaping as set forth in this Code; and

12.

Failure to maintain required parking and/or legible striping of spaces.

D.

Continuing violations. Each day that a violation occurs or remains uncorrected shall constitute a separate and distinct violation of this Code.

E.

Structure and property maintenance standards.

1.

From the effective date of this Code, any and all existing and future occupied and non-occupied residential and nonresidential structures and property shall be maintained so that none of the following is visible from any public or private street or adjacent vacant or improved property. Peeling paint, faded canopies, damaged or deteriorated materials, broken glass, damaged or worn roof materials, evidence of structural defects, potholes, broken or deteriorated drive surfaces, walls or fences that are damaged or have shifted from their original horizontal and/or vertical alignment, outdoor storage or display unless otherwise allowed in this Code. A property that remains in such state for 30 days following citation by the city, where no plans for the correction of such are approved by the city, shall be declared a public nuisance.

2.

From the effective date of this Code, any and all existing and future occupied and non-occupied nonresidential properties where landscaping and signage is not maintained in accordance with this Code and where such remains in such state for 30 days following citation by the city, where no plans for the correction of such are approved by the city, shall be declared a public nuisance.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006)

A.

Fines. Any person, firm, corporation, agent, or employee thereof who violates any of the provisions of this Code, upon conviction, shall be fined according to the provisions of section 1-13 of the Municipal Code.

B.

No acceptance of public improvements. No acceptance of public improvements shall be authorized until stated violations are in compliance and/or all fines for violations of this chapter have been paid to the city.

C.

Withholding issuance of permits and approvals. No building permit or certificate of occupancy may be issued under this Code unless all structures and uses of land and structures permitted under the permit or certificate conform to this Code, the regulations promulgated under this Code, and the terms and conditions of any other permit issued under this Code that apply to the use or structure. A building permit or certificate of occupancy issued in violation of this section is void.

D.

Revocation of permits and approvals; notice of revocation. Any permit, certificate of occupancy, or other approval required under this Code may be revoked when the director of planning determines that:

1.

There is a departure from the approved plans, specifications, limitations, or conditions as required under the permit or approval;

2.

The permit or approval was procured by false representation;

3.

The permit or approval was issued in error; or

4.

There is a violation of any provision of this Code.

Written notice of revocation stating that such violation shall be corrected within ten days shall be served upon the property owner, agent, applicant, or other person to whom the permit or approval was issued, or such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after service of the revocation notice. If after the ten-day period, arrangements acceptable to the director of planning have not been made, the director shall cause a citation to be issued in accordance with subsection A above.

E.

Stop-work orders.

1.

Whenever any building or structure or site or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in violation of any state or municipal building law, or in a manner that endangers life or property, the director has the authority to issue a stop-work order for the specific part of the work that is in violation or presents the hazard.

2.

With or without revoking permits, the director may issue an order to stop work on any property on which there is an uncorrected violation of either a provision of this Code or a provision of an entitlement or other form of authorization issued under this Code.

3.

The stop-work order shall be in writing directed to the person doing the work, and shall specify the provisions of this Code or other law allegedly in violation, and the conditions for resumption of work. After any such order has been served, no work shall proceed on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with the order.

4.

The stop-work order shall also indicate that failure to comply with the order may subject the violator to civil and/or criminal liability as penalty for the violation(s).

5.

Once conditions for resumption of the work have been met, the director shall rescind the stop-work order.

F.

Injunctive relief. The director may seek injunctive relief or other appropriate relief in a court of competent jurisdiction against any person who fails to comply with any provision of this Code or any requirement or condition imposed pursuant to this Code. In any court proceedings in which the city seeks a preliminary injunction, it shall be presumed that a violation of this Code is a real, immediate, and irreparable injury to the public; that the public will be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject Code violation.

G.

Abatement. The city may abate the violations pursuant to this subsection. This remedy is specifically authorized, but not limited to, cases in which a Homeowner's Association fails to construct, improve, or maintain any amenity, landscaping, buffers, fencing, or other improvements required by the terms of any permit or approval.

1.

Before action is taken to abate a violation, a final warning notice shall be posted on the property and served personally or by certified mail with return receipt required to the owner of record of the property, or to the Homeowner's Association, as applicable.

2.

Unless this notice is appealed, pursuant to subchapter 77-813, appeals of administrative decisions, within 20 days of the posting of the final warning; the director shall proceed to abate the violation.

3.

The director shall keep an account of the cost, including incidental expenses, incurred by the city in the abatement of any violation. The director shall forward a bill for collection to the violator or the Homeowner's Association, and to owner of record of the property specifying the nature and costs of the work performed. For purposes of this section, the term "incidental expenses" shall include but not be limited to the actual expenses and costs to the city in the preparation of the notices, specifications and contracts, work inspection, and interest from the date of completion at the rate prescribed by law for delinquent real property taxes.

4.

The responsibility for payment of the charges for abatement as set forth in this section shall rest solely upon the owners of the property upon which the abatement occurred, or the Homeowner's Association, as applicable. Such charges become a lien upon the real 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.

(Ord. No. 025-06, § 1(Exh. A), 6-6-2006; Ord. No. 016-09, § 45, 6-2-2009)