Article III — Enforcement

Whenever the building official finds that a person has failed to meet a requirement of this chapter, the building official may order compliance by written notice of violation to the property owner. If a toilet retrofit is required, the notice of violation shall specify that such toilet retrofit must be completed within sixty days of the date of the notice. Should the property owner fail to certify compliance before the expiration of the sixty-day period, the city may pursue remedies as provided in this chapter.

(Ord. 786 § 1(part), 2006)

Any property owner receiving a notice of violation may appeal the determination of the building official to the city manager. The notice of appeal must be received by the city manager within fifteen days from the date of the notice of violation. Hearing on the appeal before the city manager or his/her designee shall take place within fifteen days from the date of city's receipt of the notice of appeal. The decision of the city manager or designee shall be final. (Ord. 786 § 1(part), 2006)

• A. It is unlawful for any nonresidential property owner, to violate, to cause, or to maintain a violation of this chapter.

• B. It is unlawful for any nonresidential property owner to install or to cause the installation of any toilet fixture not meeting the minimum criteria of an ultra low-flow toilet contrary to the provisions of this chapter.

• C. In addition to any other remedy or penalty provided by the Cotati Municipal Code, any provision of this chapter may be enforced by injunction issued by the superior court upon a suit brought by the city of Cotati.

• D. In addition to any other remedy or penalty provided by the Cotati Municipal Code, any provision of this chapter may be enforced by an administrative order issued pursuant to any one of the administrative processes set forth in the Cotati Municipal Code.

• E. Every nonresidential property owner that violates, causes or maintains a violation of any provision of this chapter is guilty of a misdemeanor and is subject to the penalties imposed by the Cotati Municipal Code.

• F. The building official is authorized and empowered to enforce the provisions of this section. (Ord. 786 § 1(part), 2006)