A. Purpose: Provisions within this section are intended to ensure compliance with the requirements of this title and any conditions of land use permits to promote the city's planning efforts and for the protection of the public health, safety, and welfare of the city.
B. Authority To Enforce: The city manager, planning director, code enforcement officer, or designees may issue citations for any violations of the zoning code pertaining to the use of any land and the addition, alteration, construction, conversion, erection, moving, reconstruction, or use of any structure. Other officials of the city charged by the law with the general duty of enforcing city ordinances shall also enforce the provisions of this title.
C. Zoning Code Applicability: No person shall erect, construct, alter, maintain, or use any building or structure or shall use, divide, or transfer any land in violation of this title or any amendment thereto, except as otherwise provided in chapter 2, article C, "Nonconforming Uses, Structures, And Properties", of this title. All departments, officials, and public employees of the city who are assigned the authority or duty to issue permits or licenses shall comply with the provisions of this zoning code. The following actions are determined to conflict with this code:
1. Permits for uses or structures that would be in conflict with the provisions of this zoning code shall not be issued.
2. Any permit issued in conflict with the provisions of this zoning code shall be deemed void.
3. Any action taken by an official or public employee of the city in conflict with the provisions of this zoning code shall be deemed void.
D. Addressing Violations: Any structure constructed or maintained contrary to the provisions of this title and any use of land or structure operated or maintained contrary to the provisions of this title are hereby declared to be a public nuisance.
1. Public Nuisance: Any structure or use which is altered, constructed, or established contrary to the provisions of this title or any applicable condition of approval imposed on a permit is unlawful and a public nuisance, and shall be subject to the remedies and penalties identified in this chapter, the municipal code, and other remedies available to the city.
2. Infractions: It is an infraction for any person to do any act forbidden or fail to perform any act required by this title. Penalties for infractions shall be in compliance with state law and title 1, chapter 4 of the municipal code.
3. Stop Work Order: Any construction in violation of this title or any conditions imposed on a permit shall be subject to the issuance of a stop work order.
4. Remedies: Each day any violation of this title continues is a new and separate offense. Each violation of this title is considered a separate offense. Should a person be convicted for violation of this zoning code, whether as an infraction or a misdemeanor, pursuant to title 1, chapter 4 of the municipal code or as otherwise provided by state law, the conviction shall not prevent the city from pursuing any other available remedy to correct the violation.
E. Inspections: City officials are authorized to perform inspections related to permit issuance, as follows:
1. Preapproval Inspections: Every applicant seeking a permit or any other action in compliance with this title shall allow the city officials handling the application access to any premises or property which is the subject of the application.
2. Postapproval Inspections: If the permit or other action in compliance with this title is approved, the owner or applicant shall allow city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.
F. Permit Revocation Or Modification: This subsection provides procedures for securing revocation or modification of previously approved land use permits or entitlements.
1. Revocations: The city's action to revoke an entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.
2. Modifications: The city may choose to allow the modification of the operational characteristics instead of revoking an entitlement. These modifications may include operational aspects, including, but not limited to, buffers, duration of the entitlement, hours of operation, landscaping, lighting, parking, performance guarantees, property maintenance, signs, surfacing, and traffic circulation.
3. Hearings And Notice: The appropriate review authority shall hold a public hearing to revoke or modify an application, entitlement, or permit granted in compliance with the provisions of this title. A notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted.
4. Review Authority Action And Findings: A land use entitlement or permit may be revoked or modified by the review authority which originally approved the entitlement if any of the following findings can be made:
a. Circumstances under which the entitlement or permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be met;
b. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the entitlement or permit;
c. One or more of the conditions of the permit have not been substantially fulfilled or have been violated;
d. The use or structure for which the permit was granted has ceased to exist or has lost its legal nonconforming use status;
e. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute; or
f. The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a public nuisance.
G. Enforcement Action: This subsection describes the procedures for initiating enforcement action in cases where the planning director, or other city official, has determined that real property within the city is being used in violation of the provisions of this title.
1. Notice To Responsible Parties: The planning director shall provide the record owner of the subject site and any person in possession or control of the site with a written notice of violation, which shall include the following information:
a. A description of the violation and citations of applicable zoning code provisions being violated;
b. A time limit for correcting the violation;
c. A statement that the city intends to charge the property owner for all administrative costs associated with the abatement of the violation;
d. A statement that the property owner may request and be provided a meeting with the director or designee to discuss possible methods and time limits for the correction of the violations.
2. Time Limit For Correction: The notice of violation shall state that the violations shall be corrected within thirty (30) days from the date of the notice to avoid further enforcement action by the city. The thirty (30) day time limit may be extended by the city upon determining that the responsible party will likely correct the violations within a reasonable time period. The city may also require through the notice of violation that the correction occur within less than thirty (30) days if the violation constitutes a hazard to public health or safety.
3. Use Of Other Enforcement Procedures: Failure to remedy the violation within the time limit for correction shall constitute a violation of this title and shall entitle the city to pursue criminal and civil remedies as provided by law and title 1, chapter 4 of the municipal code.
H. Cost Recovery: The city has the authority to recover costs related to enforcement actions as follows:
1. Cost Recovery Where No Permit Is Required: The city shall be reimbursed for administrative costs, including, but not limited to, staff and city attorney time expended on the enforcement of the provisions of this title, in cases where no permit is required in order to correct a violation.
a. Record Of Cost: The planning department shall maintain records of all administrative costs incurred by responsible city departments and associated with the processing of violations and enforcement of this title, and the city shall be entitled to recover costs from the property owner.
b. Notice: Upon investigation and a determination that a violation of any of the provisions of this zoning code is found to exist, the planning director or designee shall notify the record owner or any person having possession or control of the property by mail of the existence of the violation and the department's intent to charge the property owner for all administrative costs associated with enforcement.
c. Summary Of Costs: At the conclusion of the case, the planning director shall send a summary of costs associated with enforcement to the owner and/or persons having possession or control of the property by certified and first class mail.
d. Actions That Require A Permit: Any person who alters or establishes any land use or structure without first obtaining any permit required by this title shall pay the additional permit processing fees as established by the city that result from this action.
2. Inspection Fee: An inspection fee as established by the city may be imposed on each person who receives a notice of violation, notice and order, or letter of correction of any provision of this title, adopted building code, or state law. The fee may be assessed for each inspection or reinspection conducted when the particular violation is not fully abated or corrected as directed. (Ord. 2013-05, 2-6-2014)