A.

Generally.

1.

This article establishes procedures the city uses to ensure compliance with the provisions of this UDC and obtain corrections for violations. It also institutes the remedies and penalties that apply to UDC violations.

2.

For any violation not encompassed by this article, the director may issue a citation in municipal court stating the alleged violation, the date of the violation, and the section of the UDC violated. Each day during which any violation of this article occurs or continues is a separate offense and upon conviction is punishable as provided in this UDC.

B.

Violations. Any of the following violates this UDC and are subject to the remedies and penalties provided for in this article.

1.

Buildings or structures. To erect, construct, reconstruct, alter, repair, convert, or maintain a building or structure in a manner inconsistent with the requirements of this UDC or a condition of approval.

2.

Use of land. To use any land or premises in a manner inconsistent with the requirements of this UDC or a condition of approval.

3.

Establish use, structure, or sign without permit or approval. To establish or place any use, structure, or sign upon land that is subject to this UDC without all of the approvals required by this UDC.

4.

Development or subdivision without permit or approval. To engage in any subdividing, development, construction, remodeling, or other activity of any nature upon land that is subject to this UDC without all of the approvals required by this UDC.

5.

Development, subdivision, use, or sign inconsistent with permit. To engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate, or other form of authorization required to engage in those activities.

6.

Development, subdivision, use, or sign inconsistent with conditions of approval. To violate, by act or omission, any term, condition, or qualification placed by an approval authority upon any permit or other form of authorization.

7.

Development, subdivision, or sign inconsistent with this UDC. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure, or sign, or to engage in development or subdivision of any land in violation of any zoning, subdivision, sign, or other regulation of this UDC.

8.

Making lots or setbacks nonconforming. To reduce or diminish any lot area so that the lot size, setbacks, or open spaces are smaller than prescribed by this UDC.

9.

Increasing intensity or density of use. To increase the intensity or density of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this UDC.

10.

Removing or defacing required notice. To remove, deface, obscure, or otherwise interfere with any notice required by this UDC.

11.

Failure to remove signs. To fail to remove any sign installed, created, erected, or maintained in violation of this UDC or for which the sign permit expired.

12.

Miscellaneous. Any other action, or failure to act, that does not comply with a requirement of this UDC or a lawful condition of approval.

C.

Responsible persons.

1.

Any person who violates this UDC is subject to the remedies and penalties expressed in this article.

2.

If a person causing a violation is a renter, lessor, or contractor, the director may notify the owner and the renter, lessor, or contractor of the violation. The owner shall ensure that the renter, lessor, and/or contractor are aware of the violation and the owner is ultimately responsible to ensure that the violations are corrected.

D.

Enforcement responsibility. The city manager holds primary responsibility for enforcing all provisions of this UDC. Other officers of the city, designated by the city manager, share responsibility for enforcing provisions of this UDC.

E.

Enforcement procedures.

1.

Remedies and enforcement powers. The city manager has the following remedies and enforcement powers.

2.

Generally. If subsection B. above applies, the city may institute any appropriate action or proceedings:

a.

To prevent any unlawful erection, maintenance, or use;

b.

To restrain, correct, or abate the violation;

c.

To prevent the occupancy of a building, structure, or land; or

d.

To prevent any illegal act, conduct, business, or use in or about the premises.

3.

Withhold permit.

a.

The city may deny or withhold all permits, certificates, or other forms of authorization on any land or structure or improvements after determining there is an uncorrected violation of an UDC provision or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the city. This enforcement provision applies regardless of whether the current owner or applicant is responsible for the violation in question.

b.

The city may deny or withhold all permits, certificates, or other forms of authorization on any land, structure, or improvements owned or being developed by a person who owns, developed, or otherwise caused an uncorrected violation of an UDC provision or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the city. This provision applies regardless of whether the property for which the permit or other approval is sought is the property in violation.

c.

If a subdivision plat is approved, the director shall not issue a certificate of occupancy until all improvements are accepted by the city in writing and the approved plat is recorded.

4.

Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the city may grant authorization subject to a corrected violation condition.

5.

Revoke permits. Any development permit or other form of authorization required in this UDC may be revoked, including revocation of a certificate of occupancy.

6.

Stop work. With or without revoking permits, the city may stop work on any building or structure on any land on which there is an uncorrected violation of UDC provision or of a permit or other form of authorization issued, in accordance with its power to stop work under its building codes.

7.

Injunctive relief. The city may seek an injunction or other equitable relief in court to stop any violation of this UDC or of a permit, certificate, or other form of authorization granted.

8.

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 otherwise to restore the premises in question to the condition in which they existed prior to the violation.

9.

Civil action. The city may enforce the provisions of this UDC through civil action as per state law.

10.

Withhold public services.

a.

The city may withhold any public services until all rules, regulations, and requirements of the subdivision regulations have been met.

b.

Unless a plan, plat or replat is approved in the manner and by the authorities provided for in this UDC, it is unlawful within the area covered by the plan, plat, or replat for any officials representing the city to serve or connect that land to any public utility owned, controlled or distributed by the city for the use of the owners or purchasers of the plat or plan.

11.

Other remedies. The city may have other remedies provided by law for zoning, subdivision, sign, or related UDC provision violations.

12.

Other powers. In addition to the enforcement powers specified in this article, the city may exercise any and all enforcement powers granted by law.

13.

Continuation. Nothing in this UDC prohibits the continuation of previous enforcement actions undertaken by the city by previous and valid ordinances and laws.

F.

Cumulative remedies. The remedies and enforcement powers established in this article are cumulative and the city may exercise them in any order or combination at any time.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

Any person or corporation who violates any of the UDC provisions or fails to comply with any of the requirements, or who builds or alters any building or use in violation of any detailed statement or plan submitted and approved is guilty of a misdemeanor punishable under this section.

A.

Responsible party(ies). The owner or owners of any building or premises or part, where anything in violation of this UDC exists, and any architect, builder, contractor, agent, person, or corporation employed in connection and who may have assisted in the commission of any UDC violation are guilty of a separate offense punishable under this section.

B.

Each day is separate offense. A person who violates any provision of this UDC by performing a prohibited act or by failing to perform an act required is guilty of a misdemeanor. Each day on which a violation exists or continues to exist is a separate offense.

C.

Culpable mental state.

1.

If the definition of an offense under this UDC does not prescribe a culpable mental state, then a culpable mental state is not required. This offense is punishable by a fine no more than $250.00. Although not required, if a culpable mental state is alleged in the charge of the offense and the offense governs fire safety, zoning, or public health and sanitation, including dumping of refuse, this offense is punishable by a fine no more than $1,000.00.

2.

If the definition of an offense under this UDC prescribes a culpable mental state and the offense governs fire safety, zoning, or public health and sanitation, including dumping of refuse, then a culpable mental state is required and the offense is punishable by a fine no more than $1,000.00.

D.

Subdivision violation. Any person who violates any of the subdivision and platting regulations of this UDC is guilty of a misdemeanor and, upon conviction by the Shawnee Municipal Court, shall be fined up to $250.00. Each day the violation continues is a separate offense. Prosecution or conviction under this provision does not bar any other remedy or relief for violations of this UDC.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)