The Dalles City Zoning Code
CHAPTER 10
15 ENFORCEMENT
§ 10.15.010 Responsible Officers.
This Title shall be administered and enforced by the Director.
§ 10.15.020 Building Permit.
No building permit shall be issued for any authorized development unless the Director has determined that the proposed development complies with the provisions of this Title.
§ 10.15.030 Duties of Officers.
All departments, officials, and employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this Title, and shall issue no permit for uses, buildings, or any purpose in conflict with the provisions of this Title. Any permit so issued shall be null and void.
§ 10.15.040 Interpretation.
The provisions of this Title shall be held to the minimum requirements fulfilling its objectives. Where the conditions imposed by a provision of this Title are less restrictive than comparable conditions imposed by any other provision of this Title or of any other City ordinance, resolution, or regulation, the provisions which are more restrictive shall govern.
§ 10.15.050 Stop Work Order.
Whenever any work is being done contrary to the provisions of this Title, or contrary to the provisions of an approved site plan or any permit issued under this Title, the Director may order the work stopped by notice in writing served on any person or persons engaged in the work, and any such person or persons shall immediately stop such work until authorized by the Director to proceed.
§ 10.15.055 Stop Use Order.
Whenever any land or structure is being used contrary to the provisions of this Title, or contrary to the provisions of an application approved under this Title, the Director may order the use stopped by notice in writing served on the property owner or an any person or persons engaged in the use of the property. After service the use shall immediately be stopped until the use is authorized by the Director. Both the property owner and the user of the property are subject to the provisions of such notice.
§ 10.15.060 Violations.
Use of land in the City of The Dalles not in accordance with the provisions of this Title constitutes a violation. Upon receiving information concerning a violation of this Title, the Director may conduct, or cause to be conducted, an investigation determining whether a violation exists. The Director may request the assistance of other City agencies and officers in the conduct of such investigations.
The Director may prepare and deliver to the City Attorney a request for prosecution indicating the location and nature of the suspected violation, applicable ordinance sections, and other information staff may have.
§ 10.15.070 Notice of Violation.
After receiving a report of an alleged violation from the Director, the City Attorney shall, if he or she determines that probable cause exists, promptly give notice of the alleged violation by certified first class mail, return receipt requested, or personal service to the owner of record for tax purposes and to the person in charge of the property. The notice shall indicate the following:
A.
The location and nature of the violation.
B.
The provision or provisions of this Title which allegedly have been violated.
C.
Whether immediate enforcement will be sought or if 10 days will be allowed to correct or remove the violation. Immediate enforcement will be sought in a situation involving a health hazard or other nuisance that unmistakably exists and from which there is imminent danger to human life or property. Immediate enforcement is allowed when the person responsible for the violation committed a violation of the same code provision within the prior 2 years.
D.
The date of the notice shall be the date of personal service of the notice, or, if notice is accomplished by first class mail, 3 days after mailing if the address to which it was mailed is within this State and 7 days after mailing if the address to which it was mailed is outside the state. However, a defect in the notice of violation with respect to such matter shall not prevent enforcement of this Title.
§ 10.15.080 City Attorney to Pursue Enforcement.
As soon as the compliance deadline has expired, the City Attorney shall proceed with any legal or equitable action deemed appropriate unless:
§ 10.15.090 Penalties.
A violation of this Title may be the subject of criminal, civil, or other sanctions authorized under a City ordinance. Parties subject to the provisions of this code include both the property owner and the person causing the violation.
A.
Criminal Penalties. Unless otherwise specified, every violation of the terms of this Title is a violation, punishable by a fine of up to $500.00. Each day such violation continues shall be considered a separate offense.
B.
Civil Penalties and Remedies. In addition to, or in lieu of, criminal actions, a violation of this Title or a permit issued hereunder may be the subject of a civil action in the nature of a debt or of any appropriate remedy issuing from a court of competent jurisdiction, including mandatory and prohibitory injunctions and orders of abatement.