(a) Enforcement by Zoning Compliance Officer. The provisions of this Zoning Code shall be enforced by the Planning Director or designee.
(b) Construction and Use Shall Be as Approved. Zoning certificates issued by the Planning Director on the basis of approved plans and applications authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto. Use, arrangement or construction contrary to that authorized shall be deemed a punishable violation of this Code.
(c) Complaints Regarding Violations. Whenever a violation of this Code occurs or is alleged to have occurred, any person may file a written complaint with the Zoning Compliance Officer stating fully the causes and basis of such complaint. The Zoning Compliance Officer shall record such complaint, investigate and, if a violation of this Code has in fact occurred, shall take appropriate action thereon to enforce this Code. Any building or land use considered a possible violation of any of the provisions of this Zoning Code which is observed by any official or citizen shall be reported to the Zoning Compliance Officer.
(d) Inspection and Correction of Property.
(1) The Zoning Compliance Officer shall inspect any building erected, altered, moved, razed or converted, or any use of land or premises carried on in violation of any of the provisions of this Zoning Code. The Zoning Compliance Officer shall declare each violation a nuisance and, in writing, order correction of all conditions which are found to be in violation of this Zoning Code.
(2) All violations shall be corrected within 15 days after the written order is issued or a longer period of time as indicated in the written order. For issues of impending danger to health and safety, a shorter compliance period will be ordered. Any violations not corrected within the specified period of time shall be cause for prosecution.
(e) Penalties and Fines.
(1) It shall be unlawful to:
A. Use or occupy any land or place; build, erect, alter, remodel, restore or rebuild thereon any building or structure; or permit any building or structure to remain on such land; or use, occupy, or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this Zoning Code; or
B. Use or occupy any parcel of land or use or occupy a new building or make an enlargement or substitution or other change in the use or occupancy of any land or building without having received a zoning certificate indicating compliance with the provisions of this Zoning Code from the Planning Director; or
C. Aid, assist, or participate with any person in placing, building, erecting, altering, remodeling, restoring or rebuilding any building or structure which is not permitted by the provisions of this Zoning Code; or
D. Violate or fail to perform any condition, stipulation or safeguard set forth in any certificate issued pursuant to this Zoning Code or continue to use or occupy the premises or building as previously authorized by such certificate beyond the duration limit therein stated; or
E. Continue construction, renovation, or improvements contrary to a Stop Work Order or Notice of Violation; or
F. Refuse to permit the Zoning Compliance Officer to enter any premises in the City to investigate a reported violation of the provisions of this Zoning Code or refuse or fail to furnish to such Zoning Compliance Officer a statement as to the number of persons occupying such premises; or
G. Knowingly make any materially false statement of fact in an application to the Planning Director for a zoning certificate or in the plans or specifications submitted to the Planning Director in relation to such application.
(Ord. 2007-222. Passed 1-10-08.)
(2) Any person, firm, or corporation who violates any provision of this Code, including any condition upon an approval granted under this code, may be found guilty of a minor misdemeanor, which includes a maximum fine of one hundred fifty dollars ($150.00) and no jail time. If the offender has been convicted of an offense under this code within two years before the violation, the offender may be found guilty of a misdemeanor of the fourth degree which includes a maximum fine of two hundred fifty dollars ($250.00) and a maximum possible penalty of 30 days in jail. Each day such violation continues after receipt of a violation notice shall be considered a separate offense.
(Ord. 2020-142. Passed 10-8-20.)