Chapter 30.98 — ENFORCEMENT AND PENALTIES

Chapter 30.98 - ENFORCEMENT AND PENALTIES

30.98.010 - Violations of Title Constitute Nuisances; Abatement of Same.

A.

Any building or structure erected, constructed, altered or maintained and/or any use or occupation of property contrary to the provisions of this Chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and any failure, refusal or neglect to obtain a permit as required by the terms of this Chapter shall be prima facie evidence of the fact that a nuisance has been committed in connection with the erection, construction, alteration or maintenance of any building or structure erected, constructed, altered or maintained, used or occupied contrary to the provisions of this Chapter.

B.

The City Attorney shall, upon order of the City Council, immediately commence necessary proceed-ings for the abatement, removal and/or enjoinment thereof in the manner provided by law. All of the remedies provided for in this Chapter shall be cumulative and not exclusive.

Building permits issued on the basis of plans and applications approved by the City authorize only the use, arrangement, and construction set forth in such approved plans and applications, and any other use, arrangement or construction at variance with that authorized shall be deemed a violation of this Chapter, and punishable as provided herein.

It shall be the responsibility of the City Manager to enforce the provisions of this Chapter. This responsibility may be delegated to the Planning Director.

If the enforce-ment officer shall find that any of the provisions of this Chapter are being violated, he/she shall cause to be notified in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The enforcement officer shall further order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of illegal work being done; and/or shall take other action as may be necessary to ensure compliance with or to prevent violation of, the provisions of this Chapter.

Failure to attain compliance with this Chapter after following the procedures as set forth herein shall cause the matter to be set for a public hearing before the City Council. Following said hearing, the City Council may refer the matter to the City Attorney for litigation as may be necessary to affect compliance with the provisions of this Chapter held to be in violation.

Whenever a violation of this Title occurs or is alleged to have occurred, any person may file a complaint in regard thereto. All such complaints shall be in writing and signed by the complainant and shall fully state the location of the alleged violation, the cause of the complaint and basis thereof. Upon receipt of a complaint, the enforcement officer shall cause an investigation of the alleged violation and take action thereon as provided by this Chapter.

Any person, firm or corporation violating any of the provisions of the regulations contained in this Title shall be guilty of an infraction or a misdemeanor, as charged in the discretion of the City, and upon conviction thereof shall be punished at the discretion of the Court.

(Ord. No. 542)