A. Any person, partnership, association, company, corporation or individual who violates, disobeys, omits, neglects or refuses to comply with the provisions of these regulations shall be deemed guilty of a misdemeanor offense, and upon conviction thereof, shall be punished as prescribed by this code 1 . Each day a violation of these regulations remains after notice to the offending party, as described below, shall constitute a separate misdemeanor offense.
B. Any person, partnership, association, company, corporation or individual who violates, disobeys, omits, neglects or refuses to comply with the provisions of these regulations shall be deemed to have committed a municipal infraction and, upon proof of violation, shall be assessed a civil penalty as prescribed by this code 2 . Each day a violation of these regulations remains after notice to the offending party, as described below, shall constitute a separate municipal infraction.
C. The city shall elect to treat each separate violation as described in subsections A and B of this section as either a misdemeanor offense or as a municipal infraction. The city may treat an initial violation as a misdemeanor offense and a subsequent violation as a municipal infraction, or vice versa. In addition, the city's decision to treat a violation as a misdemeanor offense or a municipal infraction shall not prevent the city from instituting a civil action to abate the violation.
D. A violation or a suspected violation may be brought to the attention of the zoning administrator, or designee, by any individual who feels that a violation has or may be occurring. The zoning administrator, or designee, shall then conduct an investigation into the alleged violation. Except as provided in subsections D1 and D2 of this section, if the investigation appears to uphold the allegation, the offending party shall first be notified, who shall have a minimum of ten (10) days in which to correct the matter, or in which to come to an agreement on a time frame in which the violation may be abated. Such an agreement shall be binding. In the event these efforts fail to result in an abatement of the violation, the zoning administrator shall then either: 1) issue a civil citation pursuant to this code 3 ; or 2) file a complaint with the city attorney, and in which case the matter shall come before a court of competent jurisdiction for resolution, either through a misdemeanor prosecution or a civil action.
1. For the second and any subsequent violation of a similar section of these regulations, the ten (10) day notice requirement may be waived.
2. If the alleged violation consists of an activity which the zoning administrator determines must be immediately abated in order to protect the public interest, health, comfort, convenience, safety or general welfare, the ten (10) day notice requirement may be waived.
E. Every violation of these regulations shall be a separate and distinct offense, and in the case of continuing violation, each day's continuance thereof may be deemed to be a separate and distinct offense. The existence of a criminal or other remedy, or the pendency of a criminal proceeding, under the provisions of these regulations, shall not be construed to affect the right of the city council to proceed with the enforcement of any and all of the provisions hereof by civil proceedings either at law or in equity in any court of competent jurisdiction.
F. Any person applying for a permit or other land use approval under these regulations, or who is otherwise required to comply with these regulations, shall be responsible for becoming familiar with these regulations and for complying fully with such regulations. The failure of city officials to identify a violation of these regulations in an application or proposal, or the failure of city officials to notify a person submitting an application or proposal of a particular requirement or restriction contained in these regulations, shall not excuse the applicant or the person making the proposal from the obligation to comply fully with such regulations. Any permit or land use approval issued in violation of these regulations, or which includes terms or omits terms in violation of these regulations, shall be deemed to be invalid. (Ord. 09-18, 10-19-2009; amd. Ord. 11-04, 4-18-2011; Ord. 12-04, 2-6-2012)
Notes
| 1 | 1. See section 1-4-1 of this code. |
| 2 | 2. See section 1-4-4 of this code. |
| 3 | 1. See section 1-4-5 of this code. |