§ 155.428 ENFORCEMENT AND PENALTIES.

This § 155.428 establishes procedures to ensure compliance with the Zoning Code, correct violations of the Zoning Code, and impose penalties for violations. These procedures supplement code enforcement provisions in Municipal Code §§ 10.35 (Administrative Citations) et seq.

(Ord. 885-C.S., passed 5-21-19)

Any use, structure, sign or activity that is established or maintained contrary to the Zoning Code is unlawful and a violation of the Zoning Code, constitutes a public nuisance and is subject to the remedies and penalties provided for in this section.

(Ord. 885-C.S., passed 5-21-19)

(A) Compliance required. All city departments, officials and employees assigned the authority to issue permits or other forms of authorization must comply with the Zoning Code.

(B) Permits in conflict with the Zoning Code. Permits and other approvals that conflict with the Zoning Code will not be issued.

(Ord. 885-C.S., passed 5-21-19)

(A) Director.

(1) The Director has the primary responsibility to enforce the Zoning Code, in partnership with the Enforcement Officer as provided in

Municipal Code §§ 10.35 (Administrative Citations) et seq.

(2) The Director will coordinate enforcement of the Zoning Code as needed with the City Manager, Police Chief, City Attorney,

Building Official, Public Works Director and/or any other city official(s) as appropriate.

(B) City Attorney. The City Attorney may institute any necessary legal proceedings to enforce the Zoning Code as described in this section or allowed by law.

(Ord. 885-C.S., passed 5-21-19)

(A) Pre-approval inspections, access and entry.

(1) An applicant requesting a permit or other approval must allow city staff to access the property subject to the application.

(2) An owner’s or owner’s authorized agent’s signature on the application form authorizes city staff to enter the subject property to

evaluate a proposed project.

(B) Post approval inspections, access and entry. After an application is approved, the owner or applicant must allow city staff to access the property to determine continued compliance with the approved permit, conditions of approval and/or mitigation measures.

(Ord. 885-C.S., passed 5-21-19)

The city may take any one or all of the following legal actions, in addition to all other remedies available, to correct and/or abate a Zoning Code violation.

(A) Revoke permit. The city may revoke a permit or other form of authorization consistent with §155.428.080 (Permit Revocation).

(B) Withhold permit. The city may deny or withhold additional permits and approvals for the property subject to the violation.

(C) Approve permit with conditions. The city may approve a permit or approval subject to the condition that the violation be corrected.

(D) Stop work. With or without revoking permits, the city may stop work, in whole or in part, on any building, structure, lot or use.

(E) Civil penalties and fines. The city may issue administrative citations and impose civil penalties and fines as provided in Municipal Code §§ 10.35 (Administrative Citations) et seq.

(F) Termination of utility service. The city may terminate utility service or services to the building, structure, lot or use.

(G) Other remedies. The city may exercise any and all other remedies and enforcement powers granted by law.

(Ord. 885-C.S., passed 5-21-19)

The remedies and enforcement powers established in this section are cumulative, and the city may exercise them in any order or combination and at any time.

(Ord. 885-C.S., passed 5-21-19)

Any discretionary permit may be revoked as provided for in this section.

(A) Review authority.

(1) A permit may be revoked by the review authority that originally approved the permit.

(2) In instances where the Director was the original review authority, the Director may refer an action to revoke a permit to the

Planning Commission for review and final decision.

(B) Property owner notification. Prior to initiating proceedings to revoke a permit, the Department must notify the property owner of the permit violations, identify necessary corrections and establish a reasonable period within which the property owner must correct the violations. If the property owner has not corrected the violation within the specified period of time, the Department may proceed with the process to revoke the permit.

(C) Public notice and hearing. Public notice and hearing for any action to revoke a permit must be provided in compliance with §

155.408.100 (Public Hearings).

(D) Findings. The review authority may revoke a permit only if one or more of the following findings can be made:

(1) The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one or more

of the findings required to grant the original permit can no longer be made;

(2) Permit issuance was based on misrepresentation by the applicant, either through the omission or embellishment of a material

statement in the application, or in public hearing testimony;

(3) One or more conditions of approval or mitigation measures have been violated, or have not been complied with or fulfilled;

(4) The applicant or property owner has failed or refused to allow inspections for compliance;

(5) Improvements authorized by the permit are in violation of the Zoning Code or any law, ordinance, regulation or statute; and/or

(6) The use or structure is being operated or maintained in a manner which constitutes a nuisance.

(E) Appeals.

(1) A decision to revoke a permit by any other review authority may be appealed to the City Council in accordance with §155.416

(Appeals and Reviews).

(2) A decision of the City Council to revoke a permit is final and may not be appealed.

(F) Effect of revocation.

(1) The revocation of a permit has the effect of terminating the approval and denying the privileges granted by the permit.

(2) The prior holder of a revoked permit may not apply for a new permit for the same or substantially similar use on the property within

one year of the permit revocation.

(Ord. 885-C.S., passed 5-21-19)

(A) Illegal signs. It is unlawful for any person to install, place, construct, repair, maintain, alter or move a sign in a manner that does not comply with the requirements of this section.

(B) Enforcement; general. The Department may enforce the requirements of this section and undertake legal action to correct violations in accordance with § 155.428 (Enforcement and Penalties) and Municipal Code §§ 10.35 (Administrative Citations) et seq.

(C) Removal of hazardous and illegal signs.

(1) The Director may immediately remove or cause the removal of any sign that places the public in immediate peril or that is located

within the public right-of-way.

(2) (a) For illegal signs that do not place the public in immediate peril and are located on private property, the Director must send the

business owner or person responsible for the sign a written notice by certified mail that:

1. Describes the physical characteristics of the subject sign;

2. Explains the nature of the violation;

3. States that the sign must be removed or brought into compliance with this section within 30 days after the notice is served;

4. States that the city may remove the sign if the business owner or person responsible for the sign does not correct the violation

within 30 days after the notice is served;

5. States that the city may destroy the illegal sign if it is not retrieved within 30 days after removal by the city; and

6. States that the business owner is responsible for all costs associated with the removal, storage and destruction of the sign.

(b) If an illegal sign is not removed or brought into compliance within 30 days after a notice is served, the Director may issue a

citation to the business owner or person responsible for the sign as provided in Municipal Code §§ 10.35 (Administrative Citations) et seq. and may remove or cause the removal of the sign.

(3) Any accessory structures, foundations or mounting materials associated with the sign and that are unsightly or a danger to the

public health, safety and welfare may be removed at the time of the sign removal.

(C) Storage. A sign removed by the city will be stored for a minimum of 30 days. If the sign is not retrieved by the business owner or person responsible for the sign within this 30-day period, the city may thereafter destroy the sign.

(Ord. 885-C.S., passed 5-21-19)