(1)

It shall be the duty of the Zoning Administrator to enforce this code in accordance with these administrative provisions.

(2)

All departments, officials, and employees of the city shall comply with the provisions of this code, and shall issue no permit, license, or registration for any use, building, or purpose in conflict with the provisions of this code.

(3)

Any permit issued in conflict with this code is considered null and void. The Zoning Administrator shall have the authority to require a new application and full compliance with this code if such permit was issued in error.

(4)

The duties imposed on the Zoning Administrator shall not constitute a limitation on the power of other enforcement officers of this city to make arrest or to institute prosecutions for violations of this Code.

(Ord. 5-14, passed 3-17-2014)

(1)

Violation of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in various sections of this chapter, shall constitute a misdemeanor. 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, or assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(2)

Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. The Zoning Administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

(3)

Exemptions.

(a)

The city shall meet the requirements of this code to the maximum extent possible.

(b)

The city and other government entities carrying out a governmental function, activity, or implementation of essential services may be exempt in whole or in part from this code to the extent permitted in state and federal law.

(c)

Other governmental agencies that are exempt from the regulations of this code, in whole or in part, are encouraged to meet the requirements of this code to the maximum extent possible.

(Ord. 5-14, passed 3-17-2014)

Whoever violates any provision of this code, or any amendment thereof, shall be guilty of a misdemeanor in the fourth degree, punishable by a $250.00 fine, 30 days in jail, or both. Each day the violation continues shall constitute a separate offense.

(Ord. 5-14, passed 3-17-2014)

(1)

In case any structure is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used or any land is or is proposed to be used in violation of this code, or any amendment or supplement thereto, City Council, the city's legal counsel, the Zoning Administrator, City Manager, City Engineer, or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.

(2)

The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(3)

Opportunity to Cure. If any person receiving a notice of violation under this section responds to such notice with a written statement of intent or desire to cure the violation, the Zoning Administrator shall respond to such statement and shall, in writing, give such person a reasonable time to cure the violation. The length of time given for a cure shall be taken into consideration the nature of the violation (with a shorter time period if there is a safety issue involved), the apparent difficulty of the cure (allowing more time for a more difficult or more expensive remedy), and the history, if any, of other zoning violations on the zone lot (allowing only a very short time to cure on a zone lot on which there have been multiple or repeated violations). The time to cure shall be at least 10 days, except in cases of an immediate danger to the public, and shall be no more than 60 days.

(4)

Appeals. Any adverse decision by the Zoning Administrator or other authorized officer relative to this section may be appealed to the BZA in accordance with § 154.03(M). Upon appeal, the Board may, for good cause shown, grant a period of time to cure a violation that is longer than 60 days.

(Ord. 5-14, passed 3-17-2014)

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation including issuing a misdemeanor citation for a continuing code violation.

(Ord. 5-14, passed 3-17-2014)