Chapter 14.84 — LEGAL ISSUES AND PROCEDURES

No officer, employee, board, commission, or council of the city shall have the power to alter, amend or waive any of the requirements of this title except when and in the manner and form expressly authorized to do so in writing by this title. Any and all such alterations, amendments, or waivers shall either: (1) be in writing signed by the person so authorized to do the same, or (2) be recorded in the official minutes of such board, commission, or council authorized to do the same, before any alteration, amendment, or waiver shall be effective. No such requirement shall be necessary when interpreting a provision of this title.

(Ord. 315 § 1 (part), 1981)

All permits, development plans and variances containing conditions of approval or requirements for construction or development shall be signed by the applicant authorized by the property owner or the property owner, as the case may be, agreeing to do and perform all of such requirements and conditions.

Failure to so sign such a document shall render any approval(s) or permits granted pursuant to this title null and void.

(Ord. 315 § 1 (part), 1981)

1.

Whenever this title requires a certain set of facts or conditions to be true before approval of the same may be granted by any officer, board, commission or city council, it shall be the duty of the community development director to present a proposed set of findings demonstrating all of such items to be true and to set forth therein as his suggestions for the various factors and facts upon which such findings are based. The failure to present and/or approve such proposed findings shall not invalidate such action taken by such officer, board, commission or city council.

2.

In the event of an approval of any permit, development plan, variance or other action required in this title to be based upon a certain set of facts or conditions being true, it shall be presumed that such facts or conditions were true at the time of granting the approval of such permit, variance or development plan. Failure to make express findings shall not invalidate any action.

(Ord. 315 § 1 (part), 1981)

The city manager, his deputies, assistants and the community development department are authorized and directed to investigate all purported violations of any of the provisions of this title.

(Ord. 315 § 1 (part), 1981)

If a violation is determined to exist or to be impending, the city manager, his deputies, assistants or the community development department are authorized and directed to take such measures as they deem necessary or expedient to enforce and secure compliance with the provisions of this title, including the signing of complaints and other legal documents. Where any building work is being done contrary to the provisions of this title the city manager may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done and any such persons shall stop such work until authorized by the city manager to proceed with the work.

(Ord. 315 § 1 (part), 1981)

The city manager, city council, city attorney, planning commission or any of their deputies, community development department, charged with the enforcement of this title, acting in good faith and without malice for the city, shall not thereby render themselves liable personally and they are relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of their duties.

(Ord. 315 § 1 (part), 1981)

Any suit brought against the city manager, city council, planning commission or any of their deputies, assistants or the community development department, because of such act or omission performed by them in the enforcement of any provisions of this title, shall be defended by the city attorney until final termination of the proceedings.

(Ord. 315 § 1 (part), 1981)

Upon presentation of proper credentials to an adult, the city manager or any of his deputies, assistants or community development department, may enter at all reasonable times any buildings, structures or premises in the city to perform any duty imposed upon him by this title.

(Ord. 315 § 1 (part), 1981)

If unable to otherwise enforce the terms of this title the city manager shall refer the matter to the city attorney for appropriate legal action, civil, criminal or both.

(Ord. 315 § 1 (part), 1981)

It is unlawful for any person, firm or corporation, whether as principal, agent, employee or otherwise, to violate any provision of this title. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided for in this section.

(Ord. 378 § 16, 1985: Ord. 315 § 1 (part), 1981)

The remedies provided for in this title shall be cumulative and not exclusive.

(Ord. 315 § 1 (part), 1981)