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(1) In case any lot, building or other structure is erected, constructed, altered, repaired, converted, or used in violation of this chapter, the Land Use Administrator shall serve notice on the person committing or permitting the violation. If the violation has not ceased within a reasonable time specified by the Land Use Administrator, action appropriate to terminate the violation shall be taken.
(2) Where there is reasonable cause to believe that violation of this chapter has occurred, the Land Use Administrator or his or her authorized representative, with the land owners permission (which may include right of entry language on issued permits) may enter the premises for the purpose of inspection. Where permission to enter is withheld, the Land Use Administrator shall seek a court order from the general district court of the county. A search warrant from a magistrate of the jurisdiction may be issued to facilitate inspection.
(1) The Land Use Administrator shall be vested with all necessary authority on behalf of the county to administer and enforce this chapter and any approvals including conditions attached to a rezoning or amendment to a Zoning Map such as:
(a) The order in writing of the remedy of any noncompliance with such conditions;
(b) The bringing of legal action to ensure compliance with such conditions including injunction, abatement, or other appropriate action or proceeding; and
(c) Requiring the submittal of performance and maintenance guarantees as specified in § 157.065.
(2) (a) After having served a notice of violation on any person committing or permitting an infraction of the provisions specified in § 157.999(B)(3) and if this violation has not ceased within the reasonable time specified in the notice, then upon the approval of the County Attorney, the Land Use Administrator shall cause two copies of a summons to be served to the person, either by certified mail (return receipt requested), by hand delivery, or by posting on the front door of the abode of such person.
(b) The summons shall contain the following information:
1. The name and address of the person charged;
2. The nature of the infraction and the ordinance provision(s) being violated;
3. The location, date, and time that the infraction occurred or was observed;
4. The amount of the civil penalty assessed for the infraction;
5. The manner, location, and time in which the civil penalty may be paid to the county; and
6. The right of the recipient of the summons to elect to stand trial for the infraction and the date for such trial.
(c) The summons shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the County Treasurer at least 72 hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such summons shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court, however, an admission shall not be deemed a criminal conviction for any purpose.
(Ord. passed 11-9-1995; Ord. passed 11-8-2007) Penalty, see § 157.999