(A) Generally.
(1) Procedures.
(a) When, in the opinion of city staff, a violation of this chapter exists, and a subdivider who has not complied with the requirements and procedures set forth herein attempts to proceed with construction work, or attempts to convey title to any lot or lots before obtaining final plat approval, or otherwise is in substantial violation of these regulations, the appropriate city staff shall, within 15 days of becoming aware of a possible violation, issue a written order to the alleged violator.
(b) The written order shall be by certified mail, restricted delivery, and shall set out the specific violations alleged.
(c) City staff shall also, at the time of issuance of the written order, give notice to the City Attorney of such action.
(d) If the alleged violator, within seven days of receipt of said order, does not cease and desist from activities not in conformance with these regulations, the city staff shall, within seven additional days, transmit to the City Attorney an affidavit setting out the nature of the violation.
(e) The City Attorney shall take appropriate measures to enforce these regulations, including but not limited to, seeking injunctive relief from a court of competent jurisdiction.
(2) (a) Except as otherwise provided herein, any person, firm or corporation that violates any provision of these regulations or amendments thereto shall be guilty of a misdemeanor and on conviction shall be fined not less than $50 nor more than $250 for each offense.
(b) Each day that any violation of these rules and regulations are in effect shall constitute a separate offense and be subject to additional fines.
(c) Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, to prevent illegal occupancy of a building, structure, or premise, and these remedies shall be in addition to the monetary penalties described above.
(B) Tree preservation and protection. Any person violating any provision of §§ 152.175 through 152.179 or who fails to comply with any notice issued pursuant to the provisions of §§ 152.175 through 152.179, upon conviction or a plea of guilty, shall be subject to a fine not less than $25 nor more than $1,000 for each separate offense.
(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, §§ 152.300.03, 152.1200.05, 152.1400.11, passed 9-3-13; Am. Ord. 2017-05-636, passed 5-2-17)