(A) Upon a reasonable belief that a person is violating a provision of this chapter or a condition, requirement or commitment imposed or made thereunder, the Planning Director may seek, with the assistance of the Commission Attorney, the following civil remedies:
(1) A civil penalty for ordinance violation;
(2) A temporary restraining order, preliminary injunction or permanent injunction to restrain a person from violating the ordinance or a condition, requirement or commitment imposed or made thereunder; and
(3) A mandatory injunction directing a person to perform a condition, requirement or condition imposed or made under the ordinance or to remove a structure erected in violation of the ordinance. The foregoing remedies may be sought by any property owner specially damaged by any such violation of the ordinance.
(B) In the event the Planning Director finds that a violation of the terms and provision of an approval, certificate or permit granted pursuant to these regulations has occurred, the Planning Director may use the following administrative remedies:
(1) Suspend and withhold other approvals, certificates and/or permits relevant to the development or use of the site on which the violation has occurred (such as, if a structure which is subject to a Commission-approved development plan is occupied prior to the issuance of a land use certificate therefore, and such land use certificate cannot be issued because all improvements serving such structure (as shown on the approved development plan, including sewage disposal systems) have not been properly installed or have not become operational, the Planning Director shall not issue any additional improvement location permits for structures within the development plan until all previously approved improvements serving such structure are properly installed and operational, and such structure otherwise qualifies for the issuance of the land use certificate); and/or
(2) Issue a stop work order and instruct the building permit official to suspend and withhold all building code inspections relevant to the development or use of the site on which the violation has occurred (such as, if the terms and provisions of an erosion control/grading plan have been violated, the building permit official shall, at the Planning Director’s request, suspend and withhold all subsequent building code inspections at the site of the violation, until the violation has been corrected, as determined by the Planning Director). (The building permit official shall comply with the Planning Director’s instructions in this regard);
(3) Draw on an application letter of credit, or other financial guaranty, as necessary to affect any remedial actions required to abate the violation; and/or
(4) Revoke the permits, certificates and/or approvals that have been violated. The purpose of each of the foregoing administrative remedies is to encourage compliance with the terms and provisions of the approval, certificate and/or permit without having to resort to litigation. If used, the Planning Director shall apply the foregoing remedies in a measured and reasonable fashion to achieve their recognized purpose (such as, withholding or revoking only those permits that relate directly to the violation, such as improvement location permits for the structures that would be primarily served by the unfinished street).
(C) The Planning Director may issue ordinance violation notices for violations of this chapter. The ordinance violation notices may be processed through the County Attorney. If the person to whom the notice is issued does not file an admission in a timely manner, the Planning Director may address the violation by employing any other enforcement remedies authorized by law and may seek civil penalties in the full amount authorized by this chapter.
(D) The remedies provided for in these regulations shall be cumulative, and not exclusive, and shall be in addition to any other remedies provided by law.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003) Penalty, see § 155.999