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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)
A. Cost Recovery. The city shall be reimbursed for administrative costs, including, but not limited to, inspection fees for each inspection, staff and City Attorney time expended on the enforcement of the provisions of this Zoning Code.
1. Record of cost. The Community Development Director shall maintain records of all administrative costs incurred by responsible city departments and associated with the processing of violations and enforcement of this Zoning Code and shall recover costs from the property owner.
2. Summary of costs. At the conclusion of an enforcement case, the Community Development Director shall send a summary of costs associated with enforcement, and a statement that there is the right to appeal within ten (10) days of the date of this summary statement, but that failure to appeal will eliminate the right to object to such costs to the owner and persons having possession or control of the property by certified and first class mail, postage prepaid and return receipt requested.
B. Actions that Require a Permit or Entitlement. Any person who alters or establishes any land use or structure without first obtaining any permit or entitlement required by this Zoning Code shall pay for the additional permit or entitlement processing fees as established by the city that result from the action.
C. Public Hearing. Any property owner, or other person having control of the subject property, who receives a summary of costs pursuant to Section 17.16.080 (Recovery of Costs and Additional Fees), shall have the right to request a public hearing on objections to the summary of costs before the Community Development Director, within ten (10) days of receiving such summary of costs.
1. The hearing shall be held within thirty (30) days of receipt of the request for hearing and the Community Development Director shall provide the requesting owner or person having control of the property with ten (10) days notice prior to the hearing.
2. The Community Development Director's final decision is subject to appeal pursuant to Section 17.10.070 (Appeals) within ten (10) days of the conclusion of the hearing.
3. In the event that no hearing is timely filed, the property owner or other person having control of the subject property shall be liable to the city for the amount stated in the summary of costs.
4. If the costs have not been paid within forty-five (45) days of notice, the costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction, or by recording a lien against the property. (Ord. 2010-02 § 1 (part), 2010)