The enforcement of this ordinance shall be the responsibility of the zoning enforcement officer, who shall be appointed by the mayor. The zoning enforcement officer shall have the power to conduct such investigations as may reasonably be deemed necessary to assure or compel compliance with the requirements and provisions of this ordinance, and for this purpose to enter at reasonable times upon any property for the purpose of investigation and inspection, as permitted by law. No person shall obstruct, hamper or interfere with the zoning enforcement officer while in the process of carrying out his official duties in the enforcement of this ordinance.

(1)

The zoning enforcement officer may issue citations for violations of this ordinance, or violation of any stop-work order. No warning need be issued prior to a citation being issued. The original of the citation shall be personally served upon the accused, his or her authorized representative or, if a corporation, an officer of the corporation or its on-site representative or the person or persons in charge of the activity on the property; a copy shall be promptly filed with the municipal court. A stop-work order may be issued in conjunction with a citation.

(2)

Each citation shall state the time and place at which the accused is to appear in the municipal court, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with that court, shall indicate the identity of the accused and the date of service, and shall be signed by the officer who completes and serves it.

(3)

Each day during which the violation or failure or refusal to comply continues shall constitute a separate violation, subjecting the offender to a new citation. Each separate action, omission, or occurrence relating to any specific provision of this ordinance shall be a separate violation, subjecting the offender to a separate citation.

In addition to or in lieu of any other remedy, the city may seek injunctive, declaratory judgment or other appropriate relief in superior court to enjoin or prevent a violation of any provision of this ordinance. Such action may also seek civil fines at the rates specified in this ordinance, and may additionally seek the costs of restitution, and any other costs associated with the action to enjoin or prevent any violation of any provision of this ordinance. The city shall be entitled to its reasonable attorneys' fees and costs for bringing an action in superior court wherein any relief is granted or fine assessed.

(1)

Upon notice from the zoning enforcement officer, work on any project that is being done contrary to the provisions of this ordinance shall be immediately stopped. Stop-work orders shall affect all work being done on a project or development, including all other work by contractors or sub-contractors on the same property. Only work to remedy the deficiency shall be allowed until the stop-work order is lifted.

(2)

A stop-work order shall be in writing and shall be given to the owner of the property, his authorized agent or the person or persons in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where an emergency or other exigent circumstance exists, no written notice shall be required, and a verbal stop-work order may be issued, with a written order to be provided within three working days.

(3)

Stop-work orders may be issued on their own, or in conjunction with citations, or civil proceedings in superior court.

The building official may revoke a permit or approval, issued under provisions of this ordinance, where there have been any false statements or misrepresentations as to the material facts in the application or plans on which the permit or approval was based. The building official may revoke a permit upon determination by said official the permit was issued in violation of, or not in conformity with the provisions of this ordinance.

Any person, firm, or corporation violating a provision of this ordinance shall be guilty of a misdemeanor, and upon conviction, may be punished for each violation, up to the extent allowed by the city charter. Each day such a violation continues shall be deemed separate offense.

(1)

Fines assessed under this ordinance shall be assessed according to the following mandatory schedule, whether assessed as a civil fine in superior court, or assessed as a penalty upon conviction in municipal court. The maximum permissible fine shall be $1,000.00 per offense. In no event shall a fine be reduced below the mandatory minimum, as set forth below. Fines may be increased by mandatory add-ons under state law. As a deterrent to violation, second and subsequent violations by the same offender of any provision of this ordinance, whether violations of the same or different provisions of this ordinance as the initial violation, and whether involving the same or different property, shall increase the fine owing. However, repeated citations for the same violation on a second and subsequent days shall not count as a subsequent violation, but shall rather be assessed at the same rate as the initial violation. Note: "Per vehicle" additions relate to violations such as junk vehicles, parking violations, and similar violations, where each vehicle is in violation of the ordinance:

(a)

First violation. For the first violation of any provision of this ordinance by any violator, the fine shall be as follows, unless otherwise noted: $50.00 per vehicle in violation of this ordinance.

(b)

Second violation. For the second violation of any provision of this ordinance (whether the same or different as the first violation) by the same violator, the fine shall be as follows, unless otherwise noted: $75.00 per vehicle in violation of this ordinance.

(c)

Third and subsequent violations. For the third and subsequent violation of any provision of this ordinance (whether the same or different as the prior two violations) by the same violator, the fine shall be as follows $100.00 per vehicle in violation of this ordinance.

(2)

Persons cited for the violation of this ordinance are also subject to the other penalties within the jurisdiction of the municipal court, including incarceration up to 60 days, community service, and probation.