Article 40.37 — ENFORCEMENT

All departments, officials and public employees of the city vested with the duty or authority to issue permits shall conform to the provisions of this chapter and shall issue no permit, certificate or license for uses, buildings or purposes in conflict with the provisions of this chapter. Any such permit, certificate or license issued in conflict with the provisions of this chapter, intentionally or otherwise, shall be null and void. It shall be the duty of the director of the city to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure and the use of any land, building or premises. (Ord. 296 § 35.1; Ord. 2572 § 3, 2020)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter, and any use of land, building or premises established, conducted, operated or maintained contrary to the provisions of this chapter, shall be and the same is hereby declared to be unlawful and a public nuisance. (Ord. 296 § 35.2)

The city attorney, upon the order of the city council, shall immediately commence action or proceedings for the abatement and removal and enjoinment of violations of this chapter in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove a building or structure violating this chapter, and restrain and enjoin any person from setting up, erecting, building, maintaining or using any building, structure or property contrary to the provisions of this chapter. (Ord. 296 § 35.3)

Notwithstanding the fact that violations of this chapter are deemed to be public nuisances, the city council further finds and declares that by reason of their continued exposure to any violation of this chapter, any person owning or lawfully occupying or using any property or structure who is adversely affected by the violation, shall be deemed specially injured and the provisions of this chapter may be

enforced by them. Any person so injured may bring a civil action in private nuisance for abatement of the violation of the provisions of this chapter or for damages; provided that:

• (a) The violation persists after that person has given to the proposed defendant not less than fifteen calendar days prior written notice of intent to file such action (in order to provide an opportunity to correct the violation); and

• (b) The proposed defendant has exhausted, waived, or otherwise lost all rights to seek a permit and to appeal; or the violation has existed for thirty days and the proposed defendant has failed to exercise such rights.

• (Ord. 1249 § 1; Ord. 1258 § 1)

"Appeal rights," as used in Section 40.37.040 , shall mean the right of appeal under Section 40.35.030 to the city council, or the planning commission and the city council, as the case may be. Any notice of appeal must be filed within the time limits prescribed in Section 40.35.020 . (Ord. 1249 § 1; Ord. 1258 § 1)

The remedies provided for in this chapter shall be cumulative and not exclusive. (Ord. 296 § 35.4; Ord. 1249 § 1; Ord. 1258 § 1)