1212.02   VIOLATIONS AND PENALTY.
   (a)   General. The office of the City Manager shall be the City agency authorized and empowered to enforce the provisions of this Code as set forth in this chapter.
   (b)   Violations. It shall be a violation of this Land Development Code to undertake any of the following activities:
      (1)   Subdivision without final approval of a final subdivision plat or minor subdivision (no plat required);
      (2)   Grade, cut, clear, or undertake any other land disturbance activity without a zoning certificate;
      (3)   Residential development, including new single-family development on single lots, accessory structures, additions, alterations, or fences without a zoning certificate or a residential allotment pursuant to Chapter 1211;
      (4)   Industrial or commercial development including accessory structures, additions, alterations, or fences without a zoning certificate;
      (5)   Development, construction, alteration, expansion, demolition, or moving of a structure or building in a Historic District or involving a historic landmark without a certificate of appropriateness;
      (6)   Erect, move, replace, or alter a sign without a zoning certificate;
      (7)   Occupy, use, or change the use of any structure or land except in compliance with this Code;
      (8)   Create, expand, replace, or change a nonconforming use except in compliance with this Code;
      (9)   Failure to comply with any terms, conditions, or limitations contained on the site plan, subdivision plat, landscaping plan, building elevations, or other approved document pertaining to a development or subdivision that has received final approval from the City; 
      (10)   Failure to comply with any condition of record imposed by the appropriate decision-maker upon its review of the final site plan, planned development plan, site-specific development plan, or other plan for development under the provisions of this Code; and
      (11)   Failure to comply with any provision of the Land Development Code not explicitly stated in the previous divisions (b)(1) through (b)(10) of this section.
   (c)   Separate Offense. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
   (d)   Notification.  The notice of any violation of this Land Development Code shall be as follows:
      (1)   Whenever the City Manager determines that there is a violation of any provision of this Land Development Code, a notice of such violation shall be issued.  Such notice shall:
         A.   Be in writing;
         B.   Identify the violation;
         C.   Include a statement of the reason or reasons why the notice of violation is being issued and refer to the section of the  Land Development Code being violated; and
         D.   State the time by which the violation shall be corrected.
      (2)   Service of the notice of violation shall be as follows:
         A.   By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person sixteen years of age or older;
         B.   By certified mail (return receipt requested) and first class mail simultaneously, addressed to the person or persons responsible at a last known address.  Service shall be deemed complete when the fact of the mailing is entered of record, provided that the first class mail envelope is not returned by postal authorities with an endorsement showing failure of delivery; or
         C.   By posting a copy of the notice of violation in a conspicuous place on the premises found in violation.
   (e)   Penalty. Whoever violates any provision of this Code is guilty of a misdemeanor of the third degree, the penalty for which shall be a maximum fine of five hundred dollars ($500.00) and imprisonment for a maximum period of sixty days, or both. Each day of violation of a provision of this Code is a separate offense. Each subsequent violation within two years of previously being convicted of or pleading guilty to the same provision of this Code shall be a misdemeanor of the first degree which shall be punishable by a maximum fine of one thousand dollars ($1,000) and imprisonment for a maximum of six months, or both.
   (f)   The court may require a person who is convicted of a violation of this Code to make restitution for all or part of the property damage it has caused by the offense and the court may require the person who is convicted to correct any violation of this Code.
(Ord. 18-93.  Passed 10-15-19.)