Chapter 18.48 — ENFORCEMENT, LEGAL PROCEDURES AND PENALTIES

In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for promoting the public health, safety, convenience, comfort, and general welfare of the community. When the requirements of this Ordinance impose higher requirements than are imposed or required by existing provisions of law or Ordinance, the provisions of this Ordinance shall govern. When, however, the provisions of other laws or ordinances impose greater restrictions than required by this Ordinance, the provisions of the other laws or ordinances shall govern. It is not the intent of this Ordinance to interfere with or nullify any easements, covenants, or agreements which are not in conflict with the provisions of this Ordinance.

The provisions of this Ordinance are applicable not only to private persons, agencies and organizations, but also to all public agencies and organizations to the full extent that they may be enforceable in connection with the activities of any such public agencies or organizations.

The Planning Director, Building Director and such other City Officials as may be designated by the City Manager, under the general supervision of the City Manager, shall enforce the provision of this Ordinance, and shall have the authority to issue citations for violations of this Ordinance.

No building permit, certificate of occupancy, business license and/or similar permit, shall be issued for the erection or use of any structure or part thereof, or for the use of any land which is not in accordance with all the provisions of this Ordinance. Any permit issued contrary to the provisions of this Ordinance shall be void and of no effect.

• (1) For Use of Buildings: No building hereafter erected, moved, enlarged or altered shall be occupied, used, or changed in use until after a Certificate of Occupancy shall have been issued by the Building Official. Such certificates shall be applied for coincident with the application for a building permit and shall be issued only after such building, enlargement, or alteration has been completed in conformity with the provisions of this Ordinance, and with an approved Site Plan and required conditions (when these apply), and when the proposed use also conforms to the Ordinance and required conditions (when these apply). The Planning Director may, at his discretion, require the submittal of a Site Plan for review in accordance with Chapter 18.40 for a requested change in use of a building or structure.

• (2) For Use of Land: A Certificate of Occupancy shall be issued before any vacant land is hereafter used or before an existing use of land is changed for other than agricultural purposes, provided such use is in conformity with the provisions of this Ordinance. The Planning Director may, at his discretion, require the submittal of a Site Plan for review in accordance with Chapter 18.40 for a requested change in use of land.

• (3) Contents of Certificate: The certificate of occupancy shall state that the building or proposed use of a building or land has complied with all laws and ordinances, including the provisions of this Ordinance, and with an approved Site Plan and any conditions required by this Ordinance relating to the proposed building or use.

• (4) Record: A record of all certificates of Occupancy shall be kept on file in the office of the Building Official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the subject building, use or land.

No permits or licenses issued by City officials shall be deemed effective until all applicable provisions of this ordinance, and such special conditions as may have been imposed under provisions of this ordinance, by the Planning Commission and/or City Council shall have been met and complied with.

The Building Official shall not authorize the connection of utilities, such as water, gas or electrical energy, until all the provisions of this Ordinance have been met, except as is necessary to the actual site development and/or construction of buildings.

Any building or structure erected, altered, repaired or maintained, or any use of property contrary to the provisions of this Ordinance, is hereby declared to be unlawful and a public nuisance; and the City Attorney, upon request of the Council, shall institute any necessary legal proceedings to enforce the provisions of said Ordinance and is hereby authorized to institute civil action for injunction to restrain continuation of such violations, or any other appropriate action or proceeding to enforce such provisions, including criminal proceedings.

It shall be the duty of all architects, contractors, sub-contractors, builders, and other persons having to do with the establishment of any use of land or the erection, altering, changing or remodeling of any buildings or structures, to see that a proper permit has been granted before such work is begun. Any such architect, builder, contractor or other person doing or performing any such work without a permit having been issued is in conflict with requirements of this ordinance, and shall be deemed guilty of violation of this Ordinance in the same manner and to the same extent that the owner of the premises or the persons for whom the use is established, or for whom such buildings are erected, or altered, and shall be subject to the penalties herein prescribed for violation.

All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.

This section repealed by Ord. 639, Sec. 2, 1991. (Ord. 527, Sec. 4 (part), 1984)