Springfield City Zoning Code
TITLE SEVEN
Enforcement Standards
1132.01 ENFORCEMENT RESPONSIBILITY.
The Community Development Director holds primary responsibility for enforcing all provisions of this Zoning Code. Other officers of the City, designated by the City Manager, share responsibility for enforcing provisions of this Zoning Code.
1132.02 GENERALLY.
(a) General Unlawful Activity. Any building erected, constructed, altered, enlarged, converted, moved or used contrary to any of the provisions of this Zoning Code, and any use of any land or building which is conducted, operated or maintained contrary to any of the provisions of this Zoning Code shall be unlawful.
(b) Specific Violations. Any of the following violates this Zoning Code and are subject to the penalties and enforcement protocol as provided in this Title.
(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 Zoning Code or a condition of approval.
(2) Use of Land. To use any land or premises in a manner inconsistent with the requirements of this Zoning Code 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 Zoning Code without all of the approvals required by this Zoning Code.
(4) Development Without Permit or Approval. To engage in any development, construction, remodeling, or other activity of any nature upon land that is subject to this Zoning Code without all of the approvals required by this Zoning Code.
(5) Development, 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, 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 or Sign Inconsistent with this Zoning Code. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure, or sign, or to engage in development in violation of any zoning, sign, or other regulation of this Zoning Code.
(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 required by this Zoning Code.
(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 Zoning Code.
(10) Removing or Defacing Required Notice. To remove, deface, obscure, or otherwise interfere with any notice required by this Zoning Code.
(11) Failure to Remove Signs. To fail to remove any sign installed, created, erected, or maintained in violation of this Zoning Code or for which the sign permit expired.
1132.03 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this Zoning Code occurs or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Community Development Director. The Community Development Director shall properly record such complaint, investigate such complaint, and take action as provided by this Title.
1132.04 ENTRY AND INSPECTION OF PROPERTY.
The Community Development Director is authorized to make inspections of properties and structures for the purpose of enforcing the provisions of this Zoning Code. Prior to seeking entry to any property or structure for such examination or survey, the Community Development Director shall attempt to obtain the permission of the owner or occupant to inspect the property or structure. If such permission is denied or cannot be obtained, the Community Development Director shall request the assistance of the City Law Director in securing a valid search warrant prior to entry.
1133.01 NOTICE OF VIOLATION.
(a) Whenever the Community Development Director determines that there is a violation of any provision of this Zoning Code, a warning shall be issued and shall serve as a notice of the violation. Such notice shall:
(1) Be in writing;
(2) Identify the violation;
(3) Include a reference to the sections of this Zoning Code being violated;
(4) State the time by which the violation shall be corrected; and
(5) State the corrective action.
(b) Service of notice of 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 of suitable age and discretion;
(2) By certified mail deposited in the United State Post Office addressed to the person or persons responsible at a last known address;
(3) If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail, and the mailing shall be evidenced by a certificate of mailing. Service shall be deemed complete when the fact of mailing is entered of record, provided the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or
(4) By posting a copy of the notice form in a conspicuous place on the premises found in violation.
1134.01 PENALTIES AND FINES.
(a) It shall be unlawful to erect, establish, locate, construct, reconstruct, enlarge, change, convert, move, repair, maintain or structurally alter any building, structure or land in violation of any provisions of this Zoning Code or any subsequent amendment.
(b) Any person who violates this Zoning Code or fails to comply with any of its requirements shall upon conviction be guilty of a minor misdemeanor and be fined according to CHAPTER 1324 of the Codified Ordinances.
(c) Each day such violation continues after receipt of a violation notice shall be considered a separate offense.
(d) The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided in this Title.
1134.02 REMEDIES.
(a) Nothing in this Zoning Code shall be deemed to abolish, impair or prevent other additional remedies as provided by law.
(b) In the event of a violation of any provision or requirement of this Zoning Code, or in the case of an imminent threat of such a violation, the City Law Director, may, in addition to other recourses provided by law, institute mandamus, injunction, abatement or other appropriate actions to prevent, remove, enjoin or terminate such violation.