Filing fees shall be paid by the applicant to the city to cover the expenses of processing, posting, advertising, or other costs incidental to the several procedures in this chapter, including classification of permitted uses and interpretations and clarifications of ambiguity, sections 90-991 through 90-993; amendments, sections 90-994 through 90-997; uses permitted subject to conditional use permit, sections 90-998 through 90-1001, including time extension for conditional use permits, section 90-1001(a)(2); variances, sections 90-1002 through 90-1005, including time extension for variances, section 90-1005(a); conditional use permits and variances: revocation and modification, section 90-1006; public utilities and services, section 90-1007; minor deviations to chapter standards, section 90-1008; site plan review, sections 90-1009 through 90-1013, including amendment to site plan, section 90-1011(b) and time extension, section 90-1011(c); and director's review permit, section 90-1018. The filing fees shall be set by a resolution of the city council. The fees shall be reviewed periodically to ensure their currency.

(Ord. No. 950, § 30, 5-16-96)

This section is in addition to other provisions of this chapter and other city ordinances relating to the legal status of conditions and activities in the city.

(1)

If any portion of a privilege authorized by the issuance of a conditional use permit or variance is utilized, all terms and conditions attached thereto shall immediately become effective and shall be strictly complied with. Violation of any such term or condition shall constitute a nuisance and violation of this chapter and shall be subject to the penalties in section 1-7.

(2)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this chapter, any use of land, building or premises established, conducted or operated, or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance and the matter may be abated or corrected by court process, by action of city forces, or by the filing of a criminal action for violation of this chapter, such remedies to be cumulative.

(3)

Any resident or property owner in the city and any resident or property owner within one mile of the city limits shall have standing to obtain a mandatory, prohibitory injunction to prevent the violation of this chapter.

All officials, departments and employees of the city vested with the authority or duty to issue permits, certificates or licenses shall comply with the provisions of this chapter and shall issue no permit, certificate or license which conflicts with the provisions of this chapter. Any permits, certificates or licenses issued in conflict with the provisions of this chapter shall be void.

The planning director shall be the official responsible for the enforcement of this chapter. In the discharge of this duty, the planning director shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The planning director may serve notice requiring the removal of any structure or use in violation of this chapter on the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The planning director may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this chapter, and the city attorney is hereby authorized to institute appropriate actions to that end. The planning director may call upon the chief of police and his authorized agents to assist in the enforcement of this chapter.

Any person violating any provision of this chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable by:

(1)

A fine not exceeding $50.00 for a first violation.

(2)

A fine not exceeding $100.00 for a second violation of the same ordinance within one year.

(3)

A fine not exceeding $250.00 for each additional violation of the same ordinance within one year. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this chapter is committed, continued or permitted by the person and shall be punishable as herein provided.