The county shall have the following remedies and enforcement powers:
(A) Withhold permit.
(1) The Planning, Building and Development Director may deny or withhold all permits, certificates, or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this chapter or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the county. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.
(2) The Planning, Building and Development Director may deny or withhold all permits, certificates, or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the county. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation.
(3) The Planning, Building and Development Director may deny or withhold temporary use permits on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused a violation of a previous temporary use permit. This provision shall apply regardless of whether the property for which the temporary use permit sought is for the property on which the previous violation occurred.
(B) Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the Planning, Building and Development Director may grant the authorization subject to the condition that the violation be corrected.
(C) Revoke permits. Any development permit or other form of authorization required under this chapter may be revoked by the Planning, Building and Development Director when the Planning, Building and Development Director determines: that there is departure from the plans, specifications, or conditions as required under terms of the permit; that the development permit was procured by false representation or was issued by mistake; or that any of the provisions of this chapter are being violated. Written notice of the revocation shall be served upon the owner, the owner’s agent or contractor, or upon any person employed on the building or structure for which the permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.
(D) Stop work. With or without revoking permits, the Planning, Building and Development Director may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this chapter or of a permit or other form of authorization issued hereunder.
COMMENTARY: Issuance of a “red tag” or other violation tag constitutes a “stop work order”. |
(E) Revoke plan or other approval. Where a violation of this chapter involves a failure to comply with approved plans or conditions to which the approval of the plans was made subject, the Planning, Building and Development Director may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected), revoke the plan or other approval or condition its continuance on strict compliance with this chapter, the provision of security to ensure that construction is completed in compliance with approved plans, or any other conditions as the Planning, Building and Development Director may reasonably impose.
(F) Revoke preliminary plat approval. Revocation of preliminary plat approval may be made by the Planning, Building and Zoning Committee at any time if it finds that errors or omissions were made on any of the submitted documents which may significantly affect the design or engineering of the subdivision or the owner’s legal right to divide the property.
(G) Injunctive relief. The county may seek an injunction or other equitable relief in court to stop any violation of this chapter or of a permit, certificate, or other form of authorization granted hereunder.
(I) Forfeiture and confiscation of signs. Any sign installed or placed on public property, except in compliance with the regulations of § 151.173 shall be forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this section, the county shall have the right to recover, from the sign owner or person who placed the sign, the full costs of sign removal and disposal.
(J) Abatement. The county may seek a court order in the nature of mandamus, abatement, injunction, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
(L) Other remedies and powers. The county shall have any other remedies and enforcement powers as are and as may be from time to time provided by state law for the violation of zoning, subdivision, sign, or related provisions.
(Ord., § 13.4, passed 10-13-2009; Ord. passed - -)