(a) Board of Trustees. The Board of Trustees may refer violations to the City Attorney, direct the Building Official to issue a stop work order, set a hearing for revocation of a permit, or take such other enforcement action set forth in this Section.
(b) Penalties. When a violation is referred to the City Attorney by the City Manager or the Board of Trustees, the City Attorney shall promptly file a complaint in municipal court or other court of competent jurisdiction seeking penalties, injunction, abatement and such other remedies as may be appropriate.
(c) Deny/withhold permits. The City Manager or 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 or not the current owner or applicant for the permit is responsible for the violation. The denial or withholding of a permit by the City Manager or Building Official may be appealed to the Board of Trustees as provided in §9-3-140, Appeal.
(d) Revocation of permits.
(1) Referral by City Manager. The City Manager may refer a request to revoke a development permit or building permit to the Board of Trustees based upon violation of the Development Code.
(2) Hearing required. The Board of Trustees may revoke any development permit, building permit or other authorization, after notice and a hearing. This Section shall not apply to the forfeiture of vested property rights.
(3) Notice of hearing. The hearing on the revocation of a development permit, building permit or other authorization shall be conducted during a regular or special meeting of the Board of Trustees not less than fifteen (15) days, nor more than forty-five (45) days from the date the notice of the 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 requested, addressed to the last known address of said person or to the address of record according to the Mineral County Assessor's records. Additional methods of service may also be utilized to give notice of the public hearing.
(4) Findings. Following the hearing, the Board of Trustees 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 the Development Code;
c. The development permit was obtained by false representation;
d. The development permit was issued in error;
e. Public improvements are not constructed in accordance with the approved final plat and supplemental information; or
f. There is a material failure in the security granted for the public improvements.
(5) 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 certified U.S. Mail, return receipt requested, or such notice may be posted in a prominent location at the place of the violation. No work or construction or use of the property shall proceed after service of the revocation notice.
(e) Stop work order.
(1) Issuance of stop work order. The City Manager or Building Official may issue a written order to stop work on any property on which there is an uncorrected violation of either a provision of this Development Code or a provision of a development permit, building permit or other form of authorization. The stop work order shall specify the Development Code provisions allegedly in violation. Service of the order shall be given in person, by certified U.S. 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 such violation or comply with the order. The notice shall also state any appeal and/or variance procedures available pursuant to this Development Code.
(2) Timing/notice. The stop work order may be issued in conjunction with a notice of violation or subsequent to such notice. The stop work order may also specify a shorter time for correction of the violation than the 30-day period specified in § 9-4-190(c)(1) above. 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).
(3) Abatement or injunctive relief. The City Manager, 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 such violation and to recover damages, costs, and reasonable attorneys' fees incurred in the abatement and removal of such violation. In any court proceedings in which the City seeks a preliminary injunction, it shall be presumed that a violation of this Development Code is a real, immediate, and irreparable injury to the public; that the public will be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject violation. The City may also abate a public nuisance in accordance with the procedures set forth in Article 1 of Chapter 7 of the Creede Municipal Code.
(4) Remedies cumulative. The remedies provided for violations of this Development Code shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(5) Compliance agreement. The City Manager or the City Attorney may enter into a compliance agreement with the following terms:
a. The violation shall be defined and admitted;
b. The manner and time frame in which the violation will be corrected shall be defined;
c. The time frame for correction of the violation may not exceed six (6) months without approval by Board of Trustees;
d. Prosecution of the violations shall be deferred during the time frame for correction of violation stated in the compliance agreement;
e. The penalties shall be determined;
f. The costs of enforcement shall be determined and payment of such costs shall be required; and
g. All enforcement actions and remedies may be pursued without waiver in the event that the violation is not corrected in accordance with the terms of the compliance agreement.
(6) Appeals of enforcement actions. Appeals of any order, requirement, decision, or determination made by an administrative official in the enforcement of this Development Code shall be made to the Board of Adjustments in accordance with the provisions of §9-3-140, Appeal.
(Ord. 395 §3, 2016)