(a) Violations.No person shall erect, construct, alter, repair or maintain any building, structure or sign, or use any land, in violation of any regulation imposed by the City. In the event of such a violation or an imminent threat thereof, the City or the owner of any contiguous or neighboring property who would be especially damaged by such violation, in addition to any other remedy provided by law, may institute a suit for injunction to prevent or terminate such violation.
(b) Legal Notices of Violation.Whenever the Code Enforcement Officer or his or her authorized agent determines that there has been a violation of any provision of this Zoning Code, the Subdivision Regulations or Chapter 1280, he or she shall give legal notice of such violation to the person responsible therefor and require compliance with this Zoning Code, the Subdivision Regulations and Chapter 1280, as appropriate. Such legal notice and requirement shall:
(1) Be put in writing on an appropriate form;
(2) Include a list of violations, refer to the Code section violated and specify remedial action which, if taken, will effect compliance with this Zoning Code, the Subdivision Regulations and Chapter 1280, as appropriate;
(3) Specify a reasonable time for performance of the remedial action and, when a zoning violation citation tag has been issued pursuant to subsection (c) hereof, include an appropriate penalty; and
(4) Be served upon the owner, occupant, operator, lessee, agent or other responsible party in person, provided, however, that such notice and requirement shall be deemed to be properly served upon such responsible party if a copy thereof is delivered to, posted upon, or sent by registered or certified mail to, the last known mailing address, residence or place of business of the responsible party.
Any person failing to comply with a legal notice and requirement, as provided for in this subsection, is subject to the assessments set forth in subsection (e) hereof and the penalty set forth in Section 1268.99.
(c) ,Zoning Violation Citation Tags. The Code Enforcement Officer is hereby authorized and directed to provide zoning violation citation tags which shall be used for the purpose of giving due notice and summons to the person responsible for a violation, as stated in subsection (e) hereof.
(1) Such citation tags shall be put in writing on an appropriate form, state the nature of the violation, refer to the Code section violated and state the appropriate assessment or penalty therefor.
(2) Such person, when a citation tag is served upon him or her in accordance with subsection (b) hereof, shall appear at the place designated upon such tag and shall pay the assessment for the violation noted on the citation, pursuant to the assessment schedule in subsection (e) hereof.
(3) Upon payment of the assessment provided in subsection (e) hereof within the time limit provided therein, no further action shall be taken to prosecute the violation noted on the citation, provided that remedial action, if necessary, is taken pursuant to paragraphs (b)(2) and (b)(3) hereof.
(4) The citation tag shall be sufficient notice, summons and legal service thereof for the purpose specified therein, provided, however, that the use of such tag shall not prohibit the issuance of either additional citation tags or legal notices of violation if such violation is continued or repeated.
(d) Stop-Work Orders. Whenever it comes to the attention of the Code Enforcement Officer or his or her agent that work of any kind is being prosecuted contrary to this Zoning Code, he or she shall promptly issue a stop-work order to the owner of the premises involved, the agent of such owner or the person doing such work, and shall post at the site of the work a distinctive placard informing the public and all concerned that work at the site has been stopped by official order. Such order may be oral or written and shall, in any case, state the conditions under which the work may be resumed. Such order shall also direct the performance of such work as may be necessary to remove any violation of this Zoning Code.
(1) Upon receiving such order, the recipient thereof shall immediately cease such work and cause such work to be ceased by all other persons engaged therein. If the recipient disagrees therewith, he or she may request confirmation thereof in writing from the Code Enforcement Officer and may then appeal from such order as provided in Section 1268.05, but such appeal shall not be deemed to be authority to resume such work until such appeal has been heard and favorably acted upon.
(2) Whoever violates any such order or continues any such prohibited work after notice, oral or written, that such order has been issued, is subject to the assessments set forth in subsection (e) hereof and the penalty set forth in Section 1268.99, and the Code Enforcement Officer may proceed, as provided herein, in the event of such violation.
(e) Zoning Violation Citation Tag Assessments.
(1) When a zoning violation citation tag has been issued pursuant to subsection (c) hereof, the following amounts are hereby assessed upon the violator:
Violation | Assessment |
Permitted uses | $50.00 |
Required yards | 50.00 |
Fences, walls and hedges | 25.00 |
Obstructions of streets and intersections | 25.00 |
Accessory uses and buildings | 50.00 |
Parking lot design and maintenance | 50.00 |
Prohibited signs | 50.00 |
Sign permits and zoning permits | 50.00 |
Occupancy certificates | 25.00 |
Parking and storage of recreational vehicles and boats | 50.00 |
(2) If the assessment is paid within seventy-two hours after the date of issuance of the citation tag, assessments shall be reduced by ten percent. However, additional citations and assessments may apply, on a daily basis, if the violation is not terminated within twenty-four hours of a citation issuance.
(3) No person shall fail to pay the assessment within thirty days after the date of issuance of the citation tag.
(Ord. 80-27. Passed 6-10-80; Res. 19-88. Passed 4-26-88; Ord. 03-1. Passed 1-14-03.)