This chapter identifies enforcement authority and establishes provisions which are intended to ensure compliance with the requirements of this Zoning Code and any conditions of land use entitlements to promote the city's planning efforts and for the protection of the public health, safety, and welfare of the city. (Ord. 2010-02 § 1 (part), 2010)
A. Enforcement Authority. Enforcement of this title shall be the Community Development Director. Other officials of the city charged by the law with the general duty of enforcing city ordinances shall also enforce the provisions of this Zoning Code.
B. Duties. It shall be the duty of the Community Development Director to enforce this title and all its provisions. The Community Development Director shall investigate all matters of Zoning Code violations and, if a violation exists, the city shall take enforcement action, including the issuance of citations for any violations of the Zoning Code pertaining to the use of any land and the addition, alteration, construction, conversion, erection, relocation, reconstruction, or use of any structure pursuant to Chapter 8.25 (Administrative Citations and Penalties) of the Municipal Code. (Ord. 2010-02 § 1 (part), 2010)
All departments, officials, and public employees of the city which are vested with the duty or authority to issue planning entitlements, ministerial permits, or licenses shall conform to the provisions of this title and shall issue no such entitlement, permit or license for uses, buildings, or purposes where they would be in conflict with the provisions of this title. Any action taken by an official or public employee of the city in conflict with the provisions of this Zoning Code shall be deemed void. (Ord. 2010-02 § 1 (part), 2010)
A. Public Nuisance. Any building set up, erected, built, moved, or maintained and/or any use, division, or transfer of property contrary to the provisions of this title, or any amendment thereto, shall be, and is, unlawful and a public nuisance and shall be subject to the remedies and penalties identified in this chapter, the municipal code, and other remedies available to the city.
B. Infractions. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating any of the provisions of this title shall be deemed guilty of an infraction, punishable as specified in Chapter 8.25 (Administrative Citations and Penalties) of the municipal code.
C. Stop work order. Any action in violation of this Zoning Code or any conditions imposed on an entitlement or permit shall be subject to the issuance of a stop work order.
D. Injunctive Relief. Whenever, in the judgment of the Community Development Director, any corporation, firm or person is engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of this title or any permit, order, regulation, or rule issued in compliance with this title, at the request of the Community Development Director, the City Attorney may within thirty days make an application to the appropriate court for an order directing compliance.
E. Abatement. All nuisance abatement, removal and enjoinment proceedings shall be conducted in accordance with this title, this Chapter 17.16 (Enforcement, Legal Procedure, and Penalties), and relevant provisions of state law.
F. Remedies. Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating any of the provisions of this title shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued, or permitted. All remedies provided for in this chapter shall be cumulative and not exclusive. (Ord. 2010-02 § 1 (part), 2010)
All development standards shall be continuously met for every building, structure or use. If complaints are received regarding lack of property management and maintenance as it relates to the provisions of this chapter, the following process shall be followed:
A. Buildings and Structures. Each exterior of a building or other structure must be kept in a good state of repair, and the exterior finish must be clean and well maintained.
B. Site. The entire site, including paved, unpaved, and landscaped areas, must be kept in a neat and orderly manner, free of junk, graffiti, debris, abandoned vehicles, weeds, loose trash, and other litter. (Ord. 2010-02 § 1 (part), 2010)
A. Pre-approval Inspections. Every applicant seeking an entitlement or permit or any other action in compliance with the Zoning Code shall allow the city officials handling the application access to any premises or property which is the subject of the application.
B. Post-approval Inspections. If the entitlement, permit or other action in compliance with this Zoning Code is approved, the owner or applicant shall allow appropriate city officials access to the premises from time to time in order to determine continued compliance with this title and any permit, entitlement or approval issued under this title. (Ord. 2010-02 § 1 (part), 2010)
This section describes the procedures for initiating enforcement action in cases where the Community Development Director has determined that real property within the city is being used in violation of Zoning Code provisions.
A. Notice of Violation to Responsible Parties. The Community Development Director shall provide the record owner of the real property and any person in possession or control of the real property, by certified and first-class mail, a written notice of violation, that shall include the following information:
1. The address of the property in violation;
2. A description of the violation and citations of applicable Zoning Code provisions being violated;
3. An explanation of the action(s) required to abate the violation;
4. A time limit for correcting the violation;
5. A scheduled date for reinspection;
6. A statement that the city intends to charge the property owner for all administrative costs associated with the abatement of the violation and the current hourly rate in effect;
7. A statement that the property owner may request and be provided a meeting with the Community Development Director to discuss possible methods and time limits for the correction of the violations; and
8. A statement that there is a right of appeal for the summary of costs as provided in Section 17.16.090 within ten (10) days of service of such summary of costs.
B. Time Limit for Correction.
1. The notice of violation shall state that the violations shall be corrected within thirty (30) days from the date of the notice to avoid further enforcement action by the city.
2. The thirty (30)-day time limit may be extended by the Community Development Director upon determining that the responsible party will likely correct the violations within a reasonable time period.
3. The Community Development Director may also require through the notice of violation that the correction occur within less than thirty (30) days if the violation constitutes a hazard to public health or safety.
C. Appeals. Decisions of the Community Development Director may be appealed pursuant to Section 17.10.070 (Appeals).
D. Use of Other Enforcement Procedures. Additional enforcement remedies available to the city may be employed by the Community Development Director after or instead of the provisions of this section where the Community Development Director determines that this section would be ineffective in securing the correction of the violation within a reasonable time. (Ord. 2010-02 § 1 (part), 2010)
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