(A)   The provisions of this code shall be enforced by the Building Official or any of his or her duly authorized agents.

   (B)   The Building Official or his or her authorized agents may order in writing the remedying of a condition found in violation of this code within a reasonable time, or immediately in the case of imminent danger to life and property, or if the order requires a cessation of use. This order may include an order to vacate the premises or to remove any building or structure as a sole exception or alternative method of remedying the condition. Such order may also include the remedying of any conditions existing in violation of any other regulations of the city for which the Building Official or his or her authorized agent is an enforcing authority.

   (C)   Enforcement by issuance of any order is not an exclusive method of enforcement and shall not be construed as a condition precedent to or a waiver of:

      (1)   Citation, summons, arrest, prosecution, or sentencing for any violation or violations of this code, including violations for which proof of the condition to be remedied by the order constitutes an element or a portion of an element of an offense.

      (2)   Civil actions at law or equity, including temporary restraining order, preliminary injunctions, and permanent injunctions.

      (3)   Refusal of occupancy permits for the premises on which the condition exists.

      (4)   Any enforcement procedure or measure available to the city under this code, other ordinance of the city, or state law.

   (D)   The order shall be served upon the owner, his authorized agent, a person performing work on the premises, or the occupant of the building or portion thereof personally, by certified mail, or by posting a copy at a clear and visible place on the premises.

(Ord. 4-2016, passed 3-2-16)

   The city shall have the civil remedies available to it under the law, including equitable remedies to compel the vacation of the property or the removal of any unauthorized structure or cessation of such structure or use.

(Ord. 4-2016, passed 3-2-16)

   (A)   For any building or structure that is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land that is proposed to be used in violation of this code or any amendment or supplement thereto, then the City Administrator, the City Law Director, or the Building Official or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use, or to restrain, correct or abate such violation to prevent the occupancy of the said building, structure or land or to prevent any illegal act, conduct, business or use in or about, such premises.

   (B)   No person shall fail or refuse to comply with an order issued by the Building Official. A separate offense shall be deemed committed each day upon which a violation occurs or continues.

   (C)   Furthermore, no person shall construct, modify, alter, use or occupy any structure or property in violation of this zoning code. A separate offense shall be deemed committed each day upon which a violation occurs or continues.

(Ord. 4-2016, passed 3-2-16)

   The notice of any violation of this zoning code shall be as follows:

   (A)   Whenever the Building Official determines that there is a violation of any provision of this zoning code, a notice of such violation shall be issued. Such notice shall:

      (1)   Be in writing;

      (2)   Identify the violation;

      (3)   Include a statement of the reason or reasons why it is being issued and refer to the section of this zoning code being violated; and

      (4)   State the time by which the violation shall be corrected.

   (B)   Service of notice of the violation shall be as follows:

      (1)   By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person 16 years of age or older; or

      (2)   By certified mail, and first class mail simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the first class mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or

      (3)   By posting a copy of the notice form in a conspicuous place on the premises found in violation.

(Ord. 4-2016, passed 3-2-16)

   (A)   No person shall:

      (1)   Fail to comply with any rightful order issued pursuant to the regulations of this code;

      (2)   Fail to obtain the necessary zoning certificate, or fail to obtain the necessary certificate of occupancy or any other necessary permit as established in this code;

      (3)   Fail to comply with the provisions or regulations of this code in the construction, reconstruction, erection, location, alteration, occupancy, or use of a building, structure or any part thereof, or the use of any land;

      (4)   Permit another person to use a building, structure, or land owned by him or her, who fails to comply with any of the foregoing;

      (5)   Fail to comply with a representation made in the application for a zoning certificate or an occupancy certificate or any other permit;

      (6)   Fail to meet any obligation or requirement of this code; or

      (7)   Knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made when any of the conditions set forth in subsections 153.554(A)(7)a) through d) below apply:

         a)   The statement is made for the purpose of misleading a member of any city planning commission or board or city official into performing any duty or making any determination required under this code;

         b)   The statement is made with purpose to secure the issuance of any permit or certificate;

         c)   The statement has been sworn or affirmed before a notary public or other person empowered to administer oaths;

         d)   The statement is in writing or in connection with a report, application, or study which is required or authorized.

   (B)   Each day during which a set of facts exists that constitutes a violation of this section shall constitute a separate offense.

   (C)   Penalties.

      (1)   Whoever is convicted of, or pleads guilty to, a misdemeanor or minor misdemeanor shall be sentenced in accordance with § 130.99(B) to (H) of the Springdale Code of Ordinances.

      (2)   Whoever violates any offense stated in subsections 153.554 (A)(1) through 153.554 (A)(7) above of this section is guilty of one of the following:

         a)   Except as otherwise provided in subsections 153.554 (C)(2)b) through 153.554 (C)(2)d) below, a minor misdemeanor;

         b)   If, within a two-year period of the violation of the zoning code, the offender previously has been convicted of or pleaded guilty to one prior violation of an offense stated in subsections 153.554 (A)(1) through 153.554 (A)(7) of this section, the offender is guilty of a misdemeanor of the fourth degree.

         c)   If, within a two-year period of the violation of the zoning code, the offender previously has been convicted of or pleaded guilty to two prior violations of offenses stated in subsections 153.554 (A)(1) through 153.554 (A)(7) of this section, the offender is guilty of a misdemeanor of the third degree.

         d)   If, within a two-year period of the violation of the zoning code, the offender previously has been convicted of or pleaded guilty to three or more prior violations of offenses stated in subsections 153.554 (A)(1) through 153.554 (A)(7) of this section, the offender is guilty of a misdemeanor of the second degree.

(Ord. 4-2016, passed 3-2-16)

   (A)   The fees for all applicant costs incurred in this code shall be established by City Council. Furthermore, no plan shall be accepted for filing and processing, as provided in this code, unless and until a filing fee is paid to the city and the application is deemed complete by the city.

   (B)   The owner or owner's authorized agent shall be responsible for the expenses incurred by the city in reviewing the plan or any modifications to the plan. Such expenses may include items such as the cost of professional services including expenses and legal fees in connection with reviewing the plan, prepared reports, inspections, the publication and mailing of public notice in connection therewith, and any other reasonable expenses directly attributable thereon. Ten percent shall be added to the final expenses to provide for the review of plans by city staff.

   (C)   At the time of submitting an application to the Building Official and Planning Commission for consideration, the owner or owner's authorized agent shall make a deposit with the office of the City Clerk of Council/Finance Director in the amount equal to the estimated cost of the city's expenses. The deposit shall not exceed $5,000 at any time. When this deposit has been depleted to 33 percent, another deposit may be requested by the city. For those projects where the city's costs are estimated to be less than $500, no deposit may be required. In such cases, the city's costs may be recovered by billing the owner or the owner's authorized agent. Failure to pay the above costs within 30 days of invoice shall stop all processing and review of the site development plans and shall cause suspension of all development activities on the site. The city may also make a written return to the County Auditor with a statement of the amount due and owing for failure to pay the above costs within 30 days of invoice. The amount shall be entered upon the tax duplicate as an administrative fee assessment and be a lien upon the land from and after the date of entry and be collected as other taxes and returned to the city with the general fund settlements.

(Ord. 4-2016, passed 3-2-16)