This article establishes procedures and standards to ensure compliance with the provisions of this ordinance and obtain corrections for violations of this ordinance. It also sets forth the remedies and penalties that apply to violations of this ordinance. The provisions of this article are intended to encourage the voluntary correction of violations, where possible.

(Ord. No. 9572, § 2, 12-17-24)

a.

General. Compliance with all the procedures, standards, and other provisions of this ordinance is required by all persons owning, developing, managing, using, or occupying land or structures in the city.

b.

Development approvals and permits. All persons shall obtain all development approvals and permits required by this ordinance prior to development. A development approval or permit issued by a decision-making body or person authorizes only the use, arrangement, location, design, density or intensity, and development set forth in such development approval or permit.

(Ord. No. 9572, § 2, 12-17-24)

a.

General violations.

1.

Failure to comply. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this ordinance, or the terms or conditions of any development order or authorization granted in accordance with this ordinance constitutes a violation of this ordinance punishable as provided in this article.

2.

Development orders authorize development approved. A development approval or permit issued by a decision-making body or person authorizes only the use, arrangement, location, design, density or intensity, and development set forth in the development approval or permit.

b.

Specific violations. It shall be a violation of this ordinance to undertake any activity contrary to the provisions of this ordinance, including but not limited to any of the following:

1.

Develop land or a structure without first obtaining all appropriate development approvals and permits;

2.

Fail to provide any notice that the applicant is required to provide under this ordinance;

3.

Develop land or a structure without complying with the terms or conditions of all applicable development approvals and permits;

4.

Occupy or use land or a structure without first obtaining all applicable development approvals and permits;

5.

Disturb any landscaped area or vegetation required by this ordinance;

6.

Install, create, erect, alter, or maintain any sign without first obtaining the applicable development approvals and permits, and complying with their terms and conditions;

7.

Fail to remove any sign installed, created, erected, or maintained in violation of this ordinance, or for which the permit has lapsed;

8.

Create, expand, replace, or change any nonconformity except in compliance with this ordinance;

9.

Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this ordinance;

10.

Increase the intensity or density of development, except in accordance with the standards of this ordinance;

11.

Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this ordinance;

12.

Through any act or omission, violate any term, condition of approval, or qualification placed by a decision-making body or person on a development approval or permit;

13.

Violate any lawful order issued by any decision-making body or person in accordance with this ordinance;

14.

Obtain a development approval or permit through false or misleading information; or

15.

Remove, deface, obscure, or obstruct a notice required to be posted or otherwise given in accordance with this ordinance.

(Ord. No. 9572, § 2, 12-17-24)

Any person who violates this ordinance shall be subject to the remedies and penalties set forth in this article. For purposes of this section, a "person" subject to the remedies and penalties established in this article may include the owner, tenant, or occupant of the land or structure that is in violation of this ordinance, and any architect, engineer, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation.

(Ord. No. 9572, § 2, 12-17-24)

a.

Responsibility for enforcement. The director of planning and/or the director of codes and development services shall be responsible for enforcing the provisions of this ordinance in accordance with state law.

b.

Inspections. The director of planning and/or the director of codes and development services is authorized to enter upon any premises for the purpose of making inspections of buildings or premises necessary to carry out enforcement of this ordinance. Such inspections may occur at any reasonable time prior to the issuance of certificate of occupancy. After a certificate of occupancy is issued, the director of planning may conduct such inspections only after presenting proper credentials and only during normal business hours, unless the director of planning determines there is an emergency necessitating inspection outside of normal business hours.

c.

Complaints regarding violations. Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. The complaint, stating fully the cause and basis therefore, shall be filed with the director of planning and/or the director of codes and development services, who shall properly record such complaint, investigate, and take appropriate action as provided by this ordinance.

d.

Enforcement procedure. Upon becoming aware of any violation of the provisions of this ordinance, the director of planning and/or the director of codes and development services shall serve written notice of such violation upon the person(s) responsible for compliance, in accordance with the enforcement procedure in the procedures manual. On determining that the violator has failed to correct the violation by the time limit set forth in the notice of violation, or any granted extension, or has failed to timely appeal the notice of violation in accordance with section 25-45, appeal of administrative decision, the director of planning and/or director of CDS shall ensure that appropriate action is taken, as provided in section 25-189, remedies and penalties, to correct and abate the violation and to ensure compliance with this ordinance.

(Ord. No. 9572, § 2, 12-17-24)

a.

Available remedies. The director of planning and/or the director of codes and development services in combination with the director of building and inspections and any other appropriate city officials, may use any combination of the following enforcement actions or remedies to correct, stop, abate, and enjoin a violation of this ordinance:

1.

Suspend inspections at the site of construction;

2.

Issue and serve upon a person pursuing the activity or activities in violation of the ordinance a stop-work order requiring that the person stop all activities in violation of the ordinance.

3.

Revoke any development approval or permit required under the ordinance if it is determined that:

i.

There is a failure to comply with the approved development approval, permit, plans, specifications, or terms or conditions required under the development approval or permit;

ii.

The development approval or permit was procured by false representation; or

iii.

The development approval or permit was issued in error.

4.

Deny or withhold authorization to use or develop any land, structure, or improvements until an alleged violation related to such land, structure, or improvements is corrected and any associated civil penalty is paid.

5.

If a violation is one that presents a serious threat to the public health, safety, or welfare, or is irreparable or irreversible, ensure that all reasonable repairs necessary to bring the land into compliance are made and charge the violator with the reasonable cost of the repairs, in accordance with state law.

6.

Bring an action for injunction or mandamus to abate a violation; or

7.

Take any other action at law or in equity to prevent or remedy any violation, or otherwise enforce the provisions of this ordinance.

b.

Available penalties. Any person who violates this ordinance shall be subject to the civil and criminal penalties set forth in section 1-8 of this Code.

c.

Remedies are cumulative.

1.

The remedies and penalties provided for violations of this ordinance, whether civil, equitable, or criminal, shall be cumulative and may be exercised in any order.

2.

Each day of continued violation of this ordinance shall be considered a separate violation for purposes of computing cumulative penalties.

d.

Private civil relief. An adjacent or neighboring landowner who would be specially damaged by any violation of this ordinance may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure, or land, in accordance with state law.

(Ord. No. 9572, § 2, 12-17-24)