(a)

Methods. The provisions of this Chapter shall be enforced by the City Administrator, City Attorney, Building Inspector, code enforcement officers and law enforcement officers by use of, but not limited to, the following methods:

(1)

Requirement of building permit applications.

(2)

Requirement of building and occupancy permits.

(3)

Inspection and ordering removal of violations.

(4)

Proceedings in Municipal Court.

(5)

Injunctive proceedings.

(b)

Authorization for inspections. Upon presentation of proper credentials, the code enforcement officer, or designee(s) may enter any building, structure, real property, or premises to ensure compliance with the provisions of this Chapter. Such inspection shall be carried out during normal business hours unless the code enforcement officer determines there is an emergency. In cases where the premises owner or possessor refuses entry following presentation of proper credentials the code enforcement officer may apply for a search warrant as provided for in this Article.

(c)

Violations. It shall be a violation of this chapter to undertake any of the following activities:

(1)

Activities inconsistent with this Chapter: erecting, constructing, reconstructing, remodeling, altering, maintaining, expanding, moving, or using any building, structure, or sign, or to engage in development or subdivision of any land in contravention of any zoning, subdivision, sign, or other regulation of this Chapter, including all required approvals;

(2)

Land disturbing activities inconsistent with this Chapter: excavating, grading, cutting, clearing, or undertaking any other land disturbance activity contrary to the provisions of this Chapter or without first obtaining all requisite land use approvals required by this chapter or other applicable regulations;

(3)

Nonconforming uses inconsistent with this Chapter: creating, expanding, replacing, or changing a nonconforming use, structure, lot, or sign except in compliance with this Chapter;

(4)

Making lots or setbacks nonconforming: reducing or diminishing the lot area, setbacks, or open space below the minimum required by this chapter;

(5)

Increasing intensity of use: increasing the intensity of use of any land or structure, except in accordance with the procedural and substantive standards of this Chapter;

(6)

Activities inconsistent with a permit: engaging in a development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, or other form of authorization required to engage in such activity; or

(7)

Activities inconsistent with conditions of approval: failure to comply with any terms, conditions, or limitations placed by the City upon any final development plan, subdivision plat, permit, or other form of authorization.

(Prior Zoning Code, § 11-1)

There is hereby created an officer known as the Building Inspector, also known as the Zoning Enforcement Officer. The Building Inspector shall be responsible to the City Administrator and shall administer and enforce all zoning, subdivision, mobile home park and campground and other building and land use regulations of the City. It shall be the duty of the Building Inspector to see that all existing and newly constructed structures conform to all zoning laws of the City. The Building Inspector shall have all powers conferred upon a Building Inspector under this Chapter, this Code and all other ordinances of the City, in order to perform the Building Inspector's functions.

(Prior Zoning Code, § 11-2)

(a)

Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, this Code or other ordinance of the City, or whenever the Building Inspector has reasonable cause to believe that there exists in any building or upon any premises a condition which makes such building or premises a danger to health, safety and welfare, the Building Inspector may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed by these regulations or other regulations and ordinances of the City. If such building or premises are occupied, he or she shall first present proper credentials and demand entry. If such building or premises are unoccupied, he or she shall first make a reasonable effort to locate the owner, occupant or other person having charge, care or control of the building or premises and demand entry. No owner, occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the Building Inspector for purposes of inspection and examination pursuant to this Chapter, this Code and other ordinances of the City.

(b)

Search warrants. Pursuant to C.M.C.R. Rule 241, a search warrant may be issued by the Municipal Court for the inspection of private premises by the Building Inspector upon a showing that:

(1)

The premises is located within the city;

(2)

Inspection is required in the interest of public safety;

(3)

The owner or occupant of the private premises has refused entry to the Building Inspector, or the premises are locked and the public inspector has been unable to obtain permission of the owner or occupant to enter. This section shall not be construed to require that the issuance of a warrant for emergency inspections, or in any other case where warrants are not presently required by law.

(Prior Zoning Code, § 11-3)

(a)

Service of order. The Building Inspector is hereby empowered to cause any building, other structure or tract of land to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provisions of this Chapter, a development permit, building permit or other form of authorization. The stop work order shall specify the code provisions, permit provisions or other authorization provisions allegedly in violation. Service of the order shall be given in person, by certified US mail (return receipt requested) or by posting notice on the premises. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order except to correct or comply with such violation.

(1)

Timing/notice. The stop work order may be issued in conjunction with a notice of violation or after such notice. The stop work order may also specify a shorter time for correction of the violation than the time for correction given in a previously issued violation notice. The stop work order shall also indicate that failure to comply with the order may subject the violator to criminal liability as penalty for the violation(s).

(2)

Permits. The building official may deny and withhold all permits, certificates, or other forms of authorization to use or develop any land, structure, or improvements thereon until the alleged violation related to such property, use, or development is corrected. This provision shall apply whether the current owner or applicant for the permit is responsible for the violation.

a.

Where property owner, agent, or other person has a record of outstanding serious violation or violations of this chapter, the Building Official shall be authorized to deny or withhold all permits, certificates of occupancy, or other forms of authorization for any use or development activity undertaken by such person and tell the outstanding violations corrected. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation.

b.

The denial or withholding of a permit by the Building Official may be appealed to the Board of Adjustment as provided in this Chapter.

(b)

Revocation of permits.

(1)

Public hearing required. City Council may revoke any development permit, building permit or other authorization, after notice and a public hearing.

(2)

Notice of public hearing. Public hearing on the revocation of a development permit, building permit or other authorization shall be conducted during a regular or special meeting of the City Council not less than seven days, or more than 14 days from the date the notice of hearing is given. Notice of hearing shall be deemed given to the owner, the owner's agent or other person to whom the development permit was issued, upon deposit of said notice in the U.S. mail, by certified mail, return receipt seat requested, addressed to the last known address of sent person. Additional methods of service may also be utilized to give notice of the public.

(3)

Findings. Following the public hearing, the City Council upon a finding of the following, may revoke any development permit, building permit or other authorization:

a.

There is a departure from the approved plans, specifications, or conditions of approval;

b.

There is a violation of any provision of this Chapter;

c.

The development permit was obtained by false representations; or

d.

The development permit was issued in error.

(4)

Notice of revocation. Written notice of revocation shall be served upon the owner, the owner's agent, applicant, or other person to whom the permit was issued by personal service, certified mail, return receipt requested, or by posting the notice in a prominent location of the place of the violation. No work or construction or use of the property allowed under the permit shall proceed after service of the revocation notice.

(5)

Abatement or injunctive relief. The City Council, through the city attorney, may initiate injunction or abatement proceedings or other appropriate legal action in the district court or other court of competent jurisdiction to abate, remove, or enjoin a violation of this Chapter and to recover damages, costs and reasonable attorney's fees incurred in the abatement and removal of such violation.

(6)

Remedies cumulative. The remedies provided for violations of this Chapter, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

(7)

Continuation of prior enforcement actions. Nothing in this code shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous regulations.

(8)

Appeals of enforcement actions. Appeals of any order, requirement, decision, or determination made by an administrative official in the enforcement of this Chapter shall be made to the Board of Adjustment.

(9)

Liability of City. This Chapter shall not be construed to hold the City responsible for any damages to persons or property by reason of the inspection or reinspection, or failure to inspect or be inspector, or by reason of issuing a building permit, or by reason of pursuing or failing to pursue an action for injunctive relief.

(Prior Zoning Code, § 14-1)

Whenever any site or structure is being utilized contrary to the provisions of this Chapter, the Building Inspector may order such use discontinued and the structure, site or portion thereof vacated, by serving a notice on any person causing such use to continue. Such person shall discontinue the use within ten days after receipt of this notice or make the structure or site comply with the provisions of this Chapter.

(Prior Zoning Code, § 14-1)

(a)

If the Building Inspector becomes aware of any construction activity proceeding without the person responsible for such activity first securing a building permit, he or she shall post a notice of violation at the construction site and serve the owner and contractor of such property with a violation notification.

(b)

After a building permit has been issued, if the Building Inspector detects any violation of the building code, plumbing code or electrical code as adopted by the City in Chapter 18 of this Code, or noncompliance with furnished plans under which the permit was issued, he or she shall post notice of the violation at the place of the violation and shall serve written violation notification to the person responsible for the violation.

(c)

If the property owner wishes to show cause why the provisions of this Chapter or other regulations were not complied with, he or she may request in writing an appeal before the Board of Zoning Adjustment, which will then make the determination of appropriate fines or action. Failure to comply with or appeal the provisions of the violation notification shall be cause for a summons to be served on the property owner.

(Prior Zoning Code, § 14-1)

Any person aggrieved by a violation or apparent violation of this Chapter or any construction codes adopted by the City may file a written complaint with the Building Inspector, who shall immediately investigate such complaint and take action to have the violation removed if such a violation is in fact found to exist.

(Prior Zoning Code, § 14-1)

(a)

Violations. Any person, including but not limited to the officers and agents of a corporation responsible for its actions or inaction, and the partners or members of a partnership, firm or joint venture, either as owner, lessee, occupant, or otherwise, who violates or causes the violation of any of the provisions of this Chapter, shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed, permitted, or continues. Any person convicted of a violation shall be subject only to the fines provided for in Section 1-4-20 of this Code.

(b)

Civil Remedies and Enforcement Powers. In addition to criminal prosecution for violations, a building official or code enforcement officer shall have the following civil remedies and powers to enforce this Chapter:

(1)

Notice of violation and corrective action order.

a.

Nonemergency violations. In the case of violations of this chapter that do not constitute an emergency or require immediate attention, written notice of the nature of the violation and required corrective action to be taken shall be given to the property owner, agent, occupant, or to the applicant for any relevant permit. Notice shall be given in person, by certified U.S. mail (return receipt requested) or by posting notice on the premises. The notice shall specify the chapter provisions allegedly in violation and shall state that the individual has a period of 30 days from the date of the receipt of the notice in which to correct the alleged violations before further enforcement action shall be taken. The notice shall also state any appeal and/or variance procedures available pursuant to this chapter.

b.

Emergency violations. In case of violations of this chapter that constitute an emergency as a result of safety or public concern, or violations that would create an immediate problems or cost if not remedied immediately, the building official or code enforcement officer may use the enforcement powers available under this article without prior notice, but shall attempt to give notice simultaneously with beginning enforcement action or as soon thereafter as practicable. Notice may be provided to the property owner, agent, occupant, or to the applicant for any relevant permit.

(2)

Extension of time for correction. The building official or code enforcement officer may grant an extension of the time to cure an alleged violation, up to a total of 90 days, where it is found that due to the nature of the alleged violation, since it reasonably appears that cannot be corrected within 30 days.

(Prior Zoning Code, § 14-2)