The procedure in this section may be available in addition to all other remedies available at law to the city to assure compliance with this chapter.
(A) Designation of Zoning Enforcement Official. The Mayor may designate a Zoning Enforcement Official, whose duties and authority shall include, but not be limited to:
(1) The investigation of apparent offenses under this chapter;
(2) Citation of those responsible for violations; and
(3) The initiation of necessary enforcement actions on behalf of, and in conjunction with the appropriate prosecutorial authority.
(B) Notice of violation. The Zoning Enforcement Official is authorized to serve a notice of violation or order on the person responsible for any action, building or structure in violation of the provisions of this chapter, or in violation of a permit or certificate issued under the provisions of this chapter. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. This notice shall inform the violator of the section of this chapter which the Zoning Enforcement Official believes has been violated, and shall contain an order outlining the steps necessary to bring the property or use into compliance with this chapter, and the time by which these steps must be taken. The notice shall also advise the recipient of the appeals procedure set forth in this chapter. The notice shall be served upon the owner or user personally or by certified mail, return receipt requested.
(C) Appeal. Any person who receives such a notice may appeal the Zoning Enforcement Official’s decision to the appeal authority within ten days, as provided by and subject to the limitations contained in this chapter. The failure to file or prosecute an appeal from a notice of apparent violation shall create the conclusive presumption that the uses constitute a violation of this chapter as provided in the notice.
(D) Failure to comply. The failure to comply with a “notice of apparent violation and order to comply” shall constitute a separate violation of this section. Upon such failure to comply, the Zoning Enforcement Official is authorized to request the city’s prosecutorial authority to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure then found to be existing in violation of the provisions of this chapter, or of the order or direction made pursuant thereto. The prosecutorial authority may also initiate appropriate criminal proceedings for the original alleged violation, with the offender, upon conviction, punished as provided in § 153.999.
(Prior Code, § 10-1-7) (Ord. passed 8-10-2006; Ord. 020912-02, passed 2-9-2012)