When the Zoning Administrator or designee discovers a violation of the UDO or receives a complaint alleging a violation of the UDO, it shall be his or her duty to attempt to immediately notify the owner and occupant of the land, building, structure, sign or use of the violation.
(A) Notice of Non-Compliance. Upon discovery of the existence of a violation of the UDO, the Zoning Administrator shall by first-class mail, telephone, electronic delivery, or personal service attempt to notify the owner, occupant of the property or holder of the development approval of the nature of the violation, provide a citation of the section(s) of the ordinance violated, and describe the measures necessary to remedy the violation. The Zoning Administrator may also request that the owner or occupant of the property arrange a meeting with the Planning and Inspections Department staff to further discuss the violation and options for remedying the violation. Any recipient of notifications under this section shall not be considered a ‘person aggrieved’ for appeal purposes.
(B) Notice of Violation. If the owner or occupant of the land, building, sign, structure or use in violation fails to take prompt corrective action, the Zoning Administrator shall issue a Notice of Violation to the holder of the development approval, occupant of the property, and the property owner (if not the older of the development approval).
(1) The Notice shall be issued by personal delivery, electronic delivery, or first-class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The Notice may be posted on the property.
(2) The staff member issuing the Notice of Violation shall certify to the City that the Notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.
(3) The Notice of Violation shall state:
(a) The lands, building, sign, structure or use is in violation of the UDO.
(b) The nature of the violation, and citation of the section of the UDO violated; and
(c) The measures necessary to remedy the violation.
(C) Appeal. Any owner, occupant or holder of a development approval who has received a Notice of Non-Compliance and Notice of Violation may appeal, in writing, as a person aggrieved, the final decision of the Zoning Administrator to the Board of Adjustment, in accordance with the provisions of Chapter 159 within 30 days following the date of receipt or posting of the Notice of Non-Compliance and Notice of Violation. The Board of Adjustment shall hear an appeal within a reasonable time, and it may affirm, modify or revoke the Notice of Non-Compliance and Notice of Violation. In the absence of an appeal, the remedies and penalties sought by the Zoning Administrator in the Notice of Non-Compliance and Notice of Violation shall be final.
(D) Stop Work Orders.
(1) The Zoning Administrator may issue a Stop Work Order whenever any work or activity subject to UDO regulations is undertaken in substantial violation of any State law or local ordinance, or in a manner that endangers life or property. The order shall identify the specific part of the work or activity that is in violation or presents such a hazard and order the work be stopped. The Stop Work Order shall:
(a) Be in writing and directed to the person doing the work or activity;
(b) Identify:
1. The specific work or activity to be stopped;
2. The reasons therefor; and
3. The conditions under which the work or activity may be resumed.
(2) A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved by personal delivery, electronic delivery, or first-class mail.
(a) The staff member(s) delivering the stop work order shall certify to the City that the order was delivered and the certificate shall be deemed conclusive in the absence of fraud.
(b) The Stop Work Order may be appealed to the Board of Adjustment as pursuant to § 159.01
(c) No further work or activity shall take place in violation of a Stop Work Order pending a ruling on the appeal. Violation of a Stop Work Order shall be enforced by any one or all of the procedures identified in § 162.04.
(E) Order of corrective action by the Board of Adjustment. If, upon a hearing held pursuant to an appeal as prescribed above, the Board of Adjustment shall find that the owner or occupant is in violation of the UDO, the Board of Adjustment shall issue an order in writing to the owner or occupant affirming the violation and ordering compliance.
(F) Failure to comply with an order. If the owner or occupant of a property fails to comply with a Notice of Non-Compliance and Notice of Violation from which no appeal has been taken, or an Order of Corrective Action following an appeal, the owner or occupant shall be subject to such remedies and penalties as may be provided for by the General Statutes and § 162.04. If the owner or occupant fails to comply with the remedies and penalties prescribed, enforcement shall be sought through an order of a court of competent jurisdiction.
(G) Emergency, dangerous or hazardous situations. In the event that the Zoning Administrator determines that a violation creates an immediatehazard to the public safety, health or welfare, the standard notice requirements delineated in division (A) above may be waived. The Zoning Administrator is authorized to make a reasonable attempt to notify the person responsible for the violation, property owner, or other person that has an identifiable relationship to the violation and/or property owner and to order the immediate remedying of the violation. In the case of a safety hazard created by a sign or sign structure, the Zoning Administrator is authorized to immediately remove such sign or sign structure, at the expense of the property owner. In the case of a safety hazard created by the use or occupancy of a building or land, the Zoning Administrator shall consult with the city attorney for guidance concerning immediate enforcement actions.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 22-O-01, passed 1-24-2022)