The development services director or his/her designee shall enforce this title. (2001 Code § 89-7-101; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

   A.   This chapter does not invalidate any other title or ordinance. It shall be read in conjunction with those titles and ordinances as an additional remedy.

   B.   Nothing in this chapter shall prohibit the continuation of previous enforcement actions undertaken by the City . (2009 Code)

The development services department or its designee shall:

   A.   Investigate or cause to be investigated any purported violation of this title;

   B.   Inspect or cause to be inspected all buildings and structures in the course of construction, modification or repair, and to inspect land uses to determine compliance with this title; and

   C.   Take any other action necessary to enforce compliance with this title. (2009 Code; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

   A.   To enforce this title, the development services department or its designee shall have the power to:

      1.   Enter upon any property or premises to ascertain whether this title is being obeyed, if exigent circumstances or probable cause exists;

      2.   Make reasonably necessary examinations and surveys, including, but not limited to, taking photographs, samples or other physical evidence;

      3.   Obtain a search warrant if the owner , tenant or occupant refuses to allow entry;

      4.   Refer a violation to the code enforcement division , the police department or other city agent or employee duly authorized by the city administrator to issue citations;

      5.   Stop work;

      6.   By following the procedures in title 16 of this code , revoke any permit, plan, approval or other authorization granted by the development services department , the zoning administrator , the LandUse Appeal Authority, the planning commission, the city council , and any other cityofficer ;

      7.   Withhold from or deny to the original applicant or current owner , regardless of who is responsible for the violation , any future permits, certificates or other forms of authorization;

      8.   Issue a future permit, certificate or other form of authorization to an original applicant or current owner , regardless of who is responsible for the violation , subject to correction of the violation;

      9.   Enforce this title by injunction, mandamus or abatement;

      10.   Commence administrative enforcement, civil or criminal actions. The city has sole discretion to decide whether to commence an administrative enforcement, civil or criminal case;

      11.   Seek enforcement without prior notice if delay in enforcement would seriously threaten the effective enforcement of this title or pose imminent danger to the public health, safety or welfare; and

      12.   Take any other action in law or equity available by state law or city ordinance.

   B.   The powers in this section are cumulative.

   C.   At the request of the development services department or its designee, the code enforcement division , the police department , the city attorney or other city agent or employee duly authorized by the city administrator shall assist in the administration of the enforcement action authorized by this chapter. (2009 Code; amd. Ord. 12-10, 4-25-2012, eff. 7-1-2012; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 24-58, 12-18-2024)

It is a violation of this title to:

   A.   Use any land , building or structure for any purpose or use not allowed in the zone in which such land, building or structure is located;

   B.   Engage in any development , use , construction, remodeling or other activity of any nature upon the land and improvements thereon without all of the required permits, approvals, certificates and other forms of authorization required by this title or other city ordinance;

   C.   Fail to comply with this title or any condition imposed by the development services department , zoning administrator , LandUse Appeal Authority, planning commission, city council or other cityofficer ;

   D.   Interfere in any way with enforcement action under this chapter; and

   E.   Fail to comply with any enforcement action under this chapter. (2001 Code § 89-7-103; amd. 2009 Code; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 24-58, 12-18-2024)

Any violation of this title is declared to be a public nuisance. (2009 Code)

Any violation of this title may be prosecuted administratively as provided in title 16 of this Code , and/or as a Class B misdemeanor. (2009 Code; amd. Ord. 12-10, 4-25-2012, eff. 7-1-2012)

(2009 Code; amd. Ord. 12-10, 4-25-2012, eff. 7-1-2012)

   A.   When delay in enforcement would seriously threaten the effective enforcement of this title or an imminent danger to the public health, safety or welfare exists, the City may, without prior notice to the responsible person :

      1.   Enter the property without a search warrant or court order, if exigent circumstances or probable cause exists;

      2.   Using the emergency orders provisions of title 16 of this Code :

         a.   Order the immediate vacation of any tenants or occupants;

         b.   Prohibit occupancy until all repairs are completed;

         c.   Post the premises as unsafe, substandard or dangerous;

         d.   Board, fence or secure the building or site;

         e.   Raze and grade any portion of a building or site to prevent further collapse and remove any danger to the public;

         f.   Make minimal emergency repairs that are necessary to abate any imminent danger to the public; and

         g.   Take any other appropriate action to abate any imminent danger to the public.

   B.   The responsible person shall be liable for all costs associated with the abatement of any imminent danger to the public. Costs may be recovered pursuant to this chapter. (2009 Code; amd. Ord. 12-10, 4-25-2012, eff. 7-1-2012)

   A.   The responsible person shall request an inspection when the violation has been corrected and obtain a notice of compliance from the development services department or its designee.

   B.   If no inspection is requested, it is prima facie evidence that the violation remains on the property. (2009 Code; amd. Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020)

Any violation of this title may be enforced under title 16 of this Code or criminally as a Class C misdemeanor. Each day the property fails to be in compliance as required in this chapter shall constitute a separate offense and shall be punishable as such. (2009 Code; amd. Ord. 12-10, 4-25-2012, eff. 7-1-2012)

   A.   Designation And Appointment: The development services director may designate and appoint a staff person who shall be primarily responsible for administering and enforcing the provisions in this title, and related provisions in titles 14 and 15 of this Code . Such person shall be known as the zoning administrator . The terms planning director, and/or city planner, if and where used in this Code, shall refer to the zoning administrator.

   B.   Powers:

      1.   Interpretation: The zoning administrator shall interpret this title to members of the public, city departments, and to other branches of government, subject to general and specific policies established by the planning commission and city council . Upon request, the zoning administrator shall make a written interpretation of the text of this title pursuant to subsection C of this section.

      2.   Administrative Duties: The zoning administrator shall accomplish, or cause to be accomplished, all administrative actions required by this title, including the giving of notice, holding of hearings, preparation of staff reports, and receiving and processing of appeals.

   3.   Negotiation And Advice: The zoning administrator may advise all persons making application for any project which requires approval by the planning commission or city council for the purpose of seeking compliance with the requirements of this code and best planning practices.

      4.   Routine And Uncontested Matters: The zoning administrator may decide routine and uncontested matters that would normally be heard by the LandUse Appeal Authority or planning commission. In doing so, the planning commission and Land Use Appeal Authority may establish guidelines for the zoning administrator to comply with in making such decisions.

      5.   Determination For Uses Not Listed: The zoning administrator may make determination as to the classification of uses not specifically listed in this title.

         a.   An application requesting such determination shall be filed with the zoning administrator . The application shall include a detailed description of the use and other such information as may be required.

         b.   The zoning administrator shall make such investigations as are deemed necessary to compare the nature and characteristics of the proposed use with those of uses specifically listed in this title and shall make a determination of its classification based on his investigations. The determination shall state the zone classification(s) in which the use will be allowed and whether the use will be a permitted use or a conditional use in the zone(s).

         c.   The determination and all information pertaining to it shall be assigned a file number classifying it as an administrative determination and shall become a permanent public record in the office of the planning and zoning division , of the development services department .

      6.   Administrative Relief: The zoning administrator may allow limited relief from the application of certain standards required by this title. This relief shall be limited to the following:

         a.   Up to a ten percent (10%) decrease of the code requirement for brick or other architectural exterior materials in the district in which the subject property is located.

         b.   Up to a five percent (5%) decrease or increase in the off street parking requirements in the zoning district in which the subject property is located.

         c.   Up to a five percent (5%) increase in lot coverage or height by a structure , provided such increase does not result in an increase in approved density, will not result in the decrease in area of any existing parcel or lot , and will not result in reduction of required yard setbacks.

         d.   Up to a five percent (5%) decrease in the required area of a residential dwelling .

         e.   The substitution of landscape screening for fencing requirements provided the purpose and intent of the requirement is met and all property owners adjacent to where a fence is ordinarily required consent to the substitution.

         f.   Up to a ten percent (10%) reduction in the required side yard or back yardsetback for accessory structures over ten feet (10') in height.

         g.   Up to a twenty percent (20%) reduction in planting area widths or landscape buffer area widths. Additional landscaping shall be added to the site to compensate for any approved reduction in buffer and planting area widths. In the case of residential buffer width reductions, additional trees within the residential buffer area may be required, up to the amount of trees required for the original buffer width.

         h.   An allowed modification of overall landscaping requirements if the proposed modification constitutes an innovative overall landscaping design which is superior to the landscaping that would result from strict application of chapter 13 of this title.

         i.   Up to a sixty (60) day extension of the twelve (12) month limit based on a developer demonstrating that a project is "under construction" within twelve (12) months of receiving a successful bid under the balanced housing criteria outlined in subsection 13-8-23C of this title.

      7.   Findings Necessary To Grant Administrative Relief: Prior to granting administrative relief, the zoning administrator shall find in writing that all of the following conditions exist for each application for relief:

         a.   The strict application of the regulation in question is unreasonable or the interpretation is difficult given the development proposal or the measures proposed by the applicant;

         b.   The intent of the zoning ordinance regulation in question is preserved; and

         c.   The granting of the administrative relief will not result in an adverse impact on surrounding properties.

      8.   Uncertainties: Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in case any other uncertainty exists, the location of zone boundaries shall be determined by the zoning administrator , subject to appeal as provided in this title.

   C.   Interpretation:

      1.   Written Interpretation: This section sets out procedures for formally interpreting the text of this title.

      2.   Application: An application for an interpretation request shall be submitted to the zoning administrator in a form established by the zoning administrator, along with any applicable fee to cover the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid.

      3.   Action By The Zoning Administrator : Within ten (10) days after the request for interpretation has been submitted, the zoning administrator shall review and evaluate the request in light of the text of this title, the official zoning map, the general plan , other relevant interpretations of this title and any other relevant documents; and render a written opinion.

      4.   Form: The interpretation shall be provided to the applicant and shall be filed in the official record of interpretations.

      5.   Official Record: The zoning administrator shall maintain an official record of opinions interpreting this title. The record of interpretations shall be a public record and shall be available for public inspection in the office of the zoning administrator during normal business hours. (Ord. 10-09, 2-24-2010; amd. Ord. 11-35, 11-22-2011; Ord. 13-07, 3-13-2013; Ord. 14-31, 10-22-2014; Ord. 19-50, 12-11-2019, Effective at 12 noon on January 6, 2020; Ord. 21-41, 12-15-2021; Ord. 24-58, 12-18-2024)