Violations of this chapter shall be treated in the manner specified below.
(A) Any person who starts work for which a permit (building, conditional use, variance, rezoning) is required by this zoning ordinance, without first securing such permit and paying the prescribed fee, shall be charged according to the provisions of this section. All administrative fees assessed there under shall be rounded to the nearest whole dollar.
(1) Upon finding such violation, the Administrative Official shall notify the owner of property involved verbally or by sending a written notification of the requirement that a permit be obtained to the owner of the property involved by certified mail with return receipt requested. If application for said permit is filed within seven working days from the verbal notification or date of receipt of the letter, an administrative fee shall be assessed in accordance with the following table:
Building Project Cost
| |||
$0 to $5,000 | $5,001 to $50,000 | Greater than $50,000 | |
Administrative fee to be assessed | $20 | $50 | $100 |
In addition the above described fees an administrative fee in the amount of 100% of the fee for the conditional use permit, variance and/or rezoning (where applicable) plus the cost of the postage for mailing the aforementioned notice shall be assessed. In no case shall this administrative fee be less than $5, including the postage costs. | |||
(2) If application for said permit is filed after the original deadline of seven working days following the verbal notice or receipt of the notification of the requirement therefor, there shall be imposed an additional administrative fee in the amount of 100% of the administrative fee described in division (A)(1) above in addition to a fee in the amount of two times the fee for the conditional use permit, variance and/or rezoning (where applicable) plus the cost of the postage for mailing the aforementioned notice shall be assessed. The payment of the administrative fee shall not relieve such person from the provisions of division (B) below.
(3) Any administrative fee or penalty imposed under the provisions of this zoning ordinance shall be in addition to any other fees or charges required under this zoning ordinance.
(B) It is declared unlawful for the owner or any agent of a building or premises in or upon which a violation of any provision of these regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist to violate any of the terms and provisions of these regulations or other official control adopted by the City Council pursuant thereto. Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any provision of this zoning ordinance may be subject to a civil or criminal penalty. The penalty for violation of this zoning ordinance shall be $500 or imprisonment for not more than 30 days, or both, and in addition the violator shall pay all costs and expenses involved in the case. Each and every day that such violation continues after notification may constitute a separate offense. All fines for violation shall be paid to the Finance Officer and shall be credited to the General Fund of the city.
(C) In the event any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or structure or land is used in violation of this chapter or other regulation the Administrative Official, or the city, as a corporation or any interested person, in addition to other remedies, may institute injunction, mandamus or any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use of land, to restrain, correct or abate such violation, to prevent the occupancy of said building or land or to prevent any illegal act, conduct, business or use in and to and of such premises.
(Ord. passed 7-7-2014)