A. Complaints Regarding Violations: The director may investigate any complaint alleging a violation of this title and take such action as is warranted in accordance with the procedures set forth in this section.
B. Persons Liable: The owner, owner's agent, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs or creates any situation that is contrary to the requirements of this title may be held responsible for the violation, suffer the penalties, and be subject to the remedies herein provided.
C. Penalties And Remedies For Violations:
1. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this title or failing to comply with any of its requirements shall be guilty of a class C misdemeanor and upon conviction shall be punishable as set forth in title 1, chapter 4, article A of this code.
2. This title may also be enforced by injunction, mandamus, abatement or any other appropriate judicial action in law or equity.
3. Failure to correct a violation of this title after written notice of violation and expiration of the warning period may be enforced by imposition of the following civil penalties pursuant to title 1, chapter 4, article B of this code:
a. The first civil citation issued after expiration of the warning period shall subject the person to the initial penalty as provided in subsection D of this section.
b. The second civil citation issued after expiration of the warning period and the prior imposition of the initial penalty shall subject the person to the intermediate penalty as provided in subsection D of this section.
c. Any subsequent civil citation issued after expiration of the warning period and the prior imposition of an intermediate penalty, or any reoccurring violation under section 1-4B-6 of this code, shall subject the person to the maximum penalty as provided in subsection D of this section.
4. Each day that any violation of this title is committed, maintained, continued or permitted shall be considered a separate offense or violation for purposes of the penalties and remedies available to the city.
5. Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce the provisions of this title.
D. Civil Penalties:
1. Penalties Imposed: Violations of this title shall carry civil penalties pursuant to the following schedule:
Violation Classification
| Initial Penalty
|
Intermediate Penalty
|
Maximum Penalty
| ||
a. | Causing, permitting or maintaining any land use not allowed in the applicable zoning district | $125.00 | $250.00 | $500.00 | |
b. | Constructing, installing, permitting or maintaining any building, structure or improvement, which violates yard, setback, height or other dimensional requirements, regarding the placement of buildings, structures or other site improvements, imposed under the provisions of this title | 125.00 | 250.00 | 500.00 | |
c. | Violating any condition or requirement of a permitted or conditional use; noncompliance with conditions of an approved conditional use permit, variance, a site plan or any other development plan or permit issued in accordance with the provisions of this title (except violations under subsection D1b of this section) | 125.00 | 250.00 | 500.00 | |
d. | Allowing a vehicle to be parked at a location prohibited under the provisions of this title | 25.00 | 50.00 | 100.00 | |
e. | Advertising, renting, or operating a residential vacation rental in violation of section 15-13-38 of this title | 500.00 | 500.00 | 500.00 | |
f. | Any other violation not described above | 125.00 | 250.00 | 500.00 |
(Ord. 2016-63, 12-20-2016, eff. 1-1-2017)