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If the Director of Planning and Development (Director) finds that any provision of this chapter is being violated, he or she shall provide written notice to the persons responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The notice shall also state what further action the Director may anticipate taking to enforce this chapter (which shall not be a limit on the enforcement authority of the Director) and that an appeal of his or her decision may be taken. Additional written notice(s) may be provided at the Director's discretion.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 32-07-19, passed 7-23-19)
Notwithstanding the foregoing, in cases where delay would threaten the effective enforcement of this chapter, pose a danger to the public health, safety, or welfare, or the Director otherwise determines that it is appropriate under the circumstances, the Director may enforce this chapter without prior written notice by invoking any penalties or remedies authorized in this subchapter, and/or may impose a stop work order as follows:
(A) The Director may issue an order requiring suspension of the pertinent construction or other activity (stop work order) if: construction or activity of proceeding in violation of any standard set forth in building codes adopted by the city, violation of state law pertaining to safety during construction, violation of this chapter, or violations of orders or directives of the Director;
(1) Construction is proceeding in such a manner that, if allowed to continue, there is a reasonable probability that it will be substantially difficult to correct the violation; or
(2) Construction, for which a building permit is required, is proceeding without a building permit being in force.
(B) The stop work order shall:
(1) Be in writing;
(2) State the construction or activity to which it is applicable and the relevant violation(s);
(3) Be posted on the property on which the pertinent construction or activity is occurring;
(4) State the contact information for a representative of the city that may be contacted with information concerning the condition(s) under which the construction or activity may be resumed;
(5) Where available, be provided to the contractor or property owner.
(C) The issuance of a stop work order shall in no way limit the enforcement authority or application of penalties provided elsewhere in this chapter.
(Ord. 32-07-19, passed 7-23-19)
An improvement location permit, certificate of occupancy, building permit, or any other development approval may be revoked by the Director of Planning and Development in accordance with this subchapter if the recipient of the approval fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter, or any additional requirements lawfully imposed in connection with the issuance of the approval. Before a development approval can be revoked, the Director of Planning and Development shall undertake the following procedures:
(A) Notice and Opportunity to Comment. The Director of Planning and Development shall cause a written notice of intent to revoke the development approval to be delivered to the recipient of the approval at least ten working days prior to the date of the proposed revocation. The notice of intent to revoke the approval shall inform the recipient of the alleged reasons for the revocation and of his right to obtain a hearing on the allegations. The notice shall also inform the approval holder of the alleged grounds for the revocation.
(B) Hearing. If the development approval holder desires a hearing, the Director of Planning and Development shall set a date for a public hearing.
(C) The Director of Planning and Development Decision. After the expiration of the ten working day notice and comment period, or within ten working days of the close of the public hearing, the Director of Planning and Development shall, by written order, render his decision on the proposed revocation. The written order shall contain a statement of the specific reasons and findings of fact that support his decision.
(D) Notification of Decision. The Director of Planning and Development shall send his decision within five working days to the approval holder and any other person(s) previously requesting notification.
(E) Evidence. The burden of presenting sufficient evidence to the Director of Planning and Development to conclude a development approval should be revoked for any of the reasons set forth in this subchapter shall be upon the party proposing the revocation.
(F) Result of Revocation. No person may continue to make use of land or buildings in the manner authorized by any development approval after the approval has been revoked in accordance with the provisions of this subchapter.
(G) Records. A record of all written notices of the intent to revoke a development approval shall be kept on file in the office of the Director of Planning and Development. At least once a year, the Director of Planning and Development shall make public a listing of his decisions, by address, regarding the written notices of the intent to revoke a development approval.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 32-07-19, passed 7-23-19)
A decision of the Director of Planning and Development or his authorized representatives may be appealed to the Board of Zoning Appeals pursuant to § 159.043(B).
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 32-07-19, passed 7-23-19)
Nothing in this subchapter shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this chapter from bringing an appropriate action to secure relief.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 32-07-19, passed 7-23-19)
(A) Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances, conditional uses, or planned developments shall constitute a common nuisance. Any person convicted of violating this chapter may be fined in accordance with Appendix A - Schedule of Fees, Charges, and Expenses. In addition, any person convicted of violating this chapter shall be required to pay all costs and expenses, including the city and Department's attorneys' fees, related to adjudicating the offense.
(B) Separate Offense. Each day a violation of this chapter continues after receipt of a notice of violation pursuant to this subchapter shall be considered a separate offense.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 32-07-19, passed 7-23-19)