(A) Types of violations. Any act of commission or omission contrary to the commands or directives of this chapter, or any breach of any duty imposed by this chapter, is a violation of this chapter.
(B) Civil enforcement.
(1) Enforcement actions. The Code Enforcement Officer or any proper person may institute any appropriate civil action or proceedings to prevent violations or threatened violations of these regulations. In particular, but without limitation, in case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the Code Enforcement Officer or any proper person may institute any appropriate action or proceedings to:
(a) Prevent such unlawful acts and restrain, correct or abrogate such violation;
(b) Prevent the occupancy of the building, structure or land; or
(c) Prevent any illegal act, conduct, business or use in or about such premises, including, but not limited to, all remedies provided in state statutes or city ordinances. The imposition of any penalty does not preclude the city or any proper person from instituting any appropriate action or proceedings to require compliance with the provisions of the UDC and with administrative orders and determinations made under the UDC.
(2) Penalties. The penalty for violating any section or other part of the UDC is shown in Table 153.9999(A) below. Each day a violation is permitted to exist constitutes a separate offense.
(C) Violation of conditions.
(1) Penalty. The violation of any condition imposed pursuant to a development order or a development approval pursuant to this chapter, including, but not limited to, a CUP or conditional zoning district is a violation of this chapter and may be prosecuted in municipal court regardless of whether civil or administrative action is taken against the development approval holder.
(2) Revocation of development approval. The Code Enforcement Officer is authorized to issue any administrative order necessary to terminate or suspend a use found, as a result of the administrative process noted in § 153.0497 of this chapter, to be in violation of a condition.
(3) Civil action. The Code Enforcement Officer may request the City Attorney to institute a civil action as prescribed in this chapter regardless of whether a criminal or administrative action is taken against the development approval holder.
(D) Completion of improvements.
(1) Liability. A subdivider shall be held liable to the city for the completion of all site improvements required by these regulations until such time as the improvements shall have been actually completed and accepted by the city.
(2) Remedy.
(a) If the construction of site improvements has been guaranteed by a form of security described in §§ 153.0830 through 153.0838 of this chapter, and such improvements have not been completed and accepted by the city within the time period prescribed by these regulations, the City Manager, after written notification has been given to the subdivider, shall take such action as may be required to cause payment to be made to the city of the amounts of money secured by a guarantee of performance. Such amounts of money shall be used by the City Manager to finance the completion of the required improvements. In the event that the amounts of money referred to above are insufficient to finance the completion of the required improvements, the City Manager shall so notify the subdivider in writing and shall require the subdivider either to complete the improvements without delay or to make available to the city the amount of money required to finance their completion.
(b) Should the subdivider fail to do either of the above and such failure is not due to strikes, riots, acts of God, acts of a public enemy, injunction or other court action, or any other cause similar to those enumerated beyond the subdivider’s control, the City Manager shall refer the matter to the City Attorney for such action as the City Attorney may deem appropriate to compel the subdivider to comply with the provisions of the improvement agreement entered into by the subdivider as a condition precedent to the approval of the plat, or to pursue any other remedy that may be available to the city. Until such time as the required site improvements have been completed and accepted by the city, the City Manager shall refuse to accept from such subdivider a performance guarantee under any form that is related to the plat of a subdivision, in which such subdivider has a principal or subsidiary interest.
(3) Exemptions. This section does not apply if a subdivider is prevented from completing and having accepted such required site improvements within the prescribed time by reason of strikes, riots, acts of God, acts of a public enemy, injunction or other cause similar to those enumerated beyond the subdivider’s reasonable control. The subdivider shall be entitled to an extension of time equal to the time of such delay that shall be fixed by written certificate made by the City Manager. It is expressly declared that no such allowance of time will be made unless claimed by the subdivider and allowed and certified in writing by the City Manager at the end of each period of such delay.
(Ord. 3020, passed 9-10-2013, § 4.6; Ord. 3125, passed 3-14-2017)