17-16-0100 Responsibility for enforcement.
17-16-0200 Violations.
17-16-0300 Liability.
17-16-0400 Reserved.
17-16-0500 Remedies and enforcement powers.
17-16-0600 Continuation of previous enforcement actions.
17-16-0700 Reserved.
All buildings and land used, and all buildings and structures erected, converted, enlarged, reconstructed, moved or structurally altered, must comply with all applicable provisions of this Zoning Ordinance. Failure to comply with applicable provisions constitutes a violation of this Zoning Ordinance. Express violations include, but are not limited to the following:
(Added Coun. J. 5-26-04, p. 25275)
17-16-0301 The property owner, tenant or occupant of any land or structure, or part thereof, or any design professional, builder, contractor, vendor, authorized agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this Zoning Ordinance is jointly and severally liable for the violation and subject to all available penalties and remedies.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391)
17-16-0503-A City officials may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this Zoning Ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This provision applies regardless of whether the current property owner or applicant is responsible for the violation in question.
17-16-0503-B City officials may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, develops or otherwise causes an uncorrected violation of a provision of this Zoning Ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This provision applies regardless of whether the property for which the permit or other approval is sought is the property in violation. For purposes of this section, a "person" is defined as any individual or business entity with more than a 20 percent interest in the subject property.
17-16-0504 Permits with Conditions. Instead of withholding, denying or revoking a permit or other authorization, City officials may grant such authorization subject to the condition that the violation be corrected by a specified time. City officials are also authorized to require adequate financial assurances that such correction will be made.
1. there is departure from the plans, specifications, or conditions required under terms of the permit;
2. the permit was procured by false representation or was issued by mistake; or
3. any of the provisions of this Zoning Ordinance are being violated.
17-16-0505-B Written notice of revocation must be served upon the property owner, the property owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued, or posted in a prominent location. Once notice of revocation is provided, all construction must stop.
17-16-0507 Forfeiture and Confiscation of Signs. Any sign installed or placed on public property, except in compliance with the regulations of Chapter 17-15, will be subject to forfeiture to the public and confiscation. In addition to other remedies and penalties of this section, the city has the right to recover from the sign owner, or person who placed the sign, the full costs of sign removal and disposal.
17-16-0510 Remedial Action. Any person who violates this Zoning Ordinance by alteration or modification of a structure to increase the number of dwelling units or living spaces within the structure, or by allowing any such alteration or modification to continue or to be used, is required to remove all fixtures, electrical and plumbing connections, furnishings, partitions and non-load bearing walls used in the violation. Failure to remove any of the foregoing constitutes a separate violation.
17-16-0511 Penalties. Any violation of Section 17-12-0709 is subject to a fine in the same amount set forth in Section 13-20-520; except that if the violation is for failing to have a public way use permit, the fine shall be in the same amount set forth in Section 10-28-010(h). In all other cases where no specific fine or penalty is provided, any violation of this Zoning Ordinance is punishable by a civil penalty of not less than $500.00 and not more than $1,000.00. Each day such a violation or failure to comply exists after notice constitutes a separate and distinct offense.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 12-17-08, p. 51294, § 2; Amend Coun. J. 4-24-12, p. 25060, § 4; Amend Coun. J. 12-15-21, p. 42674, § 13)