Chapter 17.70 — ENFORCEMENT

This chapter provides procedures that are intended to ensure compliance with the requirements of this Zoning Code and the conditions of land use permit and other entitlement approval. (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

Departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Zoning Code and shall not issue permits or licenses for uses, structures, or purposes in conflict with the provisions of this Zoning Code. A permit or license issued in conflict with the provisions of this Zoning Code shall be null and void. (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

• A. Violations or Failure to Comply. It is unlawful for a person to violate a provision or to fail to comply with a requirement of this Zoning Code.

• B. Misdemeanor. A violation of any of the provisions or a failure to comply with a mandatory requirement of this Zoning Code shall constitute a misdemeanor. Any violation constituting a misdemeanor or under this Zoning Code may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. A person convicted of a misdemeanor under the provisions of this Zoning Code shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months or by both fine and imprisonment.

• C. Infraction. A person convicted of an infraction under the provisions of this Zoning Code shall be punished by fine in accordance with applicable Council resolutions.

• D. Separate Offenses. Each person shall be charged with a separate offense for each and every day during a portion of which a violation of a provision of this Zoning Code is committed, continued, or allowed by a person and shall upon conviction be punished accordingly.

• (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

• A. Public Nuisance. A structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Zoning Code, and any use of land, structures, or premises established, conducted, operated, or maintained contrary to the provisions of this Zoning Code shall be, and is declared to be, unlawful and a public nuisance.

• B. Remedies. The City Attorney shall, upon order of the Council:

  1. Immediately commence action or proceedings for and removal and enjoinment of the unlawful structure or use in the manner prescribed by law;

  2. Take other steps; and

  3. Apply to the courts that have jurisdiction to grant relief that will abate and remove the structure and that will restrain and enjoin a person, firm, or corporation from setting up, erecting, building, maintaining, or using a structure contrary to the provisions of this Zoning Code.

• C. Cumulative. The remedies provided in this Zoning Code shall be cumulative and not exclusive. (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)