1. Prevention of Violations. In case any building is, or is proposed to be, located, erected, constructed, reconstructed, altered, repaired, converted, maintained, or used, or any land is or is proposed to be used in violation of this chapter or any amendment or supplement thereto, the Board of Supervisors, the County Attorney of Marion County, the Zoning Administrator, or any adjacent or neighboring property owner who would be specifically damaged by such violation, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, restrain, correct, or abate such unlawful location, erection, construction, reconstruction, alternation, repair, conversion, maintenance, or use, to prevent the occupancy of said building or land, or to prevent any illegal act, conduct, business, or use in or about such premises, or to cause such buildings to be demolished or remodeled.
2. Violations. It shall be unlawful to locate, erect, construct, reconstruct, alter, repair, convert, use or maintain any building, land, or structure, or sign in violation of any regulation in, or any provisions of, this chapter, or any amendment or supplement thereto, lawfully adopted by the County Board of Supervisors; or to fail to comply with any reasonable requirement or condition imposed by the Board of Adjustment.
A. Notice. If the Zoning Administrator shall find that any of the provisions of the Zoning Ordinance are being violated, the Administrator or designee shall notify in writing the person responsible for such violation. The Administrator shall order discontinuance of illegal use of land, buildings, or structures, removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done, or shall take any other action authorized by the Zoning Ordinance to insure compliance with or to prevent violation of its provisions. The notice shall state the nature of the violation, order the action(s) necessary to correct it stating the nature of the violation, ordering the action necessary to correct it and providing a reasonable time limit for the satisfactory correction thereof.
B. A Notice of Violation may be served as a first attempt to gain compliance. If compliance is not met with the sending of a Notice of Violation then a Citation shall be served on the property owner. The offender shall be provided a reasonable time, not to exceed thirty (30) days in which to correct the violations.
C. A violation which occurs for a short period of time is observed having no other reasonable means for insuring compliance, may be served a citation immediately upon observation of a violation.
D. If the violation is not corrected, Marion County may seek such remedies, civil or criminal, as are authorized by law including, but not limited to, the provisions of Section 1.11 of this Code of Ordinances for County Infractions.
3. Penalties.
A. The Zoning Administrator or designee may assess the maximum civil penalty per day for each violation allowed upon each violation, as outlined in Section 1.11 of this Code of Ordinances for County Infractions.
B. If prosecution becomes necessary, it shall be administered under the provisions of Chapter 335, Code of Iowa, which states in part that the violation of any regulation, restriction or boundary adopted under said chapter or the occupancy or use of any structure erected, altered, or maintained in violation of said chapter shall constitute a misdemeanor. Such occupancy or use shall be deemed a continuing violation and may be the subject of repeated prosecutions if so continued.
4. Remedies.
A. If work is being done in violation of any provision of this ordinance and continues beyond the date of the notice and the work is not being done to correct a violation, an immediate stop-work order shall be issued by the Administrator. Such order shall be given to the owner of the property, his authorized agent, or the person or persons in charge of the activity on the property and shall be posted upon the property. The stop work order shall state the conditions under which work may be resumed.
B. Violations by an individual or property owner will prohibit any additional permits for that property or other properties to be issued unless said permits will remedy abatement of the violations. Stop work orders will be placed on any work on other property in which the violator is operating or owns.
C. If the Zoning Administrator determines that a violation is an immediate threat to public safety or welfare and the property owner has failed to take corrective action within the time period stated in the notice provided, Marion County may take such remedial action as is necessary to protect the public safety or welfare. Such remedial action may include entering the property where a violation is present, correcting the violation, and placing a lien on the property to secure payment and reimbursement of any and all expenses incurred by Marion County to correct such violation.