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The failure of city personnel to observe or foresee hazardous or unsightly conditions, or to impose other or additional conditions or requirements, or to deny or revoke permits or approvals, or to stop work in violation of this chapter, shall not relieve the property owner of the consequences of its acts or omissions or result in the city, its officers, employees or agents, being liable therefor or on account thereof. The city shall not be responsible for the direct or indirect consequences to the applicant or to third parties for noncompliant conditions that were undetected by inspection or because an inspection did not occur. (Ord. 5030, 2-21-2011)
A. Violation of any provision of this article may be enforced by issuance of a stop work order by the city engineer or his designee or by civil action, administrative or judicial, including, but not limited to, an action for injunctive relief. A stop work order shall specify the violation(s) and shall remain in effect until the deficient condition has been remedied.
B. Violation of any provision of this article shall constitute a municipal infraction under this code. A person may be cited for subsequent violations as additional violations are discovered or as PC plan elements fail. Each day that a municipal infraction occurs or is permitted to exist constitutes a separate offense.
C. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance. This nuisance may be abated or remedied at the violator's expense as provided in section 8-4-12 of this chapter, and/or a civil action may be prosecuted to abate, enjoin, or otherwise compel the cessation of such nuisance. The city's costs to abate the nuisance shall, if and to the extent not paid, constitute a lien against the property and shall be assessed against the property pursuant to Iowa Code section 364.12 for collection in the same manner as a property tax, in accordance with the procedures set forth in section 8-4-14 of this chapter.
D. In addition to any fine or penalty set forth in a schedule of violations adopted by the city, as amended thereafter from time to time, the city may recover all attorney fees, court costs and other expenses associated with enforcement of this article, including necessary monitoring expenses.
E. The remedies listed in this article are not exclusive of any other remedies available under the applicable federal, state or local law. It is within the discretion of the city engineer or his designee to seek cumulative remedies if necessary. The city engineer, or his designee, upon the advice and consent of the city attorney, shall undertake enforcement pursuant to this section. (Ord. 5030, 2-21-2011)
A. Other than nuisance actions subject to the procedures of sections 8-4-15 and 8-4-16 of this chapter, administrative decisions by city staff and enforcement actions of the city engineer or his designee, may be appealed by the applicant to the city council, or a committee designated by the city council, pursuant to the procedures set forth in this section.
B. The appeal must be filed in writing with the city clerk within fourteen (14) days of the decision or enforcement action.
An administrative fee, as set forth in a schedule of fees determined by the city council from time to time, must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing.
The written appeal shall specify the action appealed from, the errors allegedly made that give rise to the appeal, and the relief requested.
C. The city clerk shall notify the applicant and the city engineer or his designee whose decision or action has been appealed of the date, time and place for the appeal hearing. Notice shall be mailed to the applicant by ordinary mail. The hearing shall be scheduled for a date not less than four (4) days nor more than twenty (20) days after the filing of the appeal, unless the applicant requests an extension of not more than fourteen (14) days.
The hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council or designated committee may consider any evidence it considers credible and give such weight to the evidence as it considers warranted. The intent of this paragraph is to promote the prompt and speedy resolution of disputes.
The applicant may be represented by counsel at the applicant's expense. The city engineer or his designee or other city employees may be represented by the city attorney or by an attorney designated by the city council at city's expense.
D. The decision of the city council, or committee designated by the city council, shall be rendered in writing within ten (10) days after the hearing, or any continued session thereof, and may be appealed to the Iowa district court as provided by law. (Ord. 5030, 2-21-2011)
The provisions of this article are hereby declared to be severable. If any section, provision, clause, sentence, paragraph or part of this ordinance or the application thereof to any person, establishment, or circumstance shall be held invalid or unconstitutional, such adjudication shall not affect the other provisions or applications of this article. (Ord. 5030, 2-21-2011)