Chapter 17.64 — ADMINISTRATION—ENFORCEMENT—PENALTIES

Filing fees shall be paid by the applicant to the city to cover the expenses of processing, posting, advertising or other costs incidental to the several procedures in this title. The filing fees shall be set by a resolution of the city council. The fees shall be reviewed on an annual basis to ensure their currency.

(Ord. 211 (part), 1980: prior code § 11-1-1910.1)

This chapter is in addition to other provisions of this title and other city ordinances relating to the legal status of conditions and activities in the city.

A.

If any portion of a privilege authorized by the issuance of a conditional use permit or variance is utilized, all terms and conditions attached thereto shall immediately become effective and shall be complied with. Violation of any such term or condition shall constitute a nuisance and violation of this title and shall be subject to the same penalties as any other violation of the city code.

B.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, any use of land, building or premises established, conducted or operated, or maintained contrary to the provision of this title shall be and the same is declared to be unlawful and a public nuisance and the matter may be abated or corrected by court process, by action of city forces, or by the filing of a criminal action for violation of this title, the remedies to be cumulative.

C.

Any resident or property owner in the city and any resident or property owner within one mile of the city limits shall have standing to obtain a mandatory, prohibitory injunction to prevent the violation of this title.

(Ord. 211 (part), 1980: prior code § 11-1-1910.2)

All officials, departments, and employees of the city vested with the authority or duty to issue permits, certificates, or licenses, shall comply with the provisions of this title and shall issue no permit, certificate, or license which conflicts with the provisions of this title. Any permit, certificate or license issued in conflict with the provisions of this title shall be void.

(Ord. 211 (part), 1980: prior code § 11-1-1907.1)

The city administrator shall be the official responsible for the enforcement of this title. In the discharge of this duty, the city administrator shall have the right to enter on any site or to enter any structure for the purpose of investigation and inspection, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. The city administrator may serve notice requiring the removal of any structure or use in violation of this title on the owner or his authorized agent, on a tenant, or an architect, builder, contractor or other person who commits or participates in any violation. The city administrator may call upon the city attorney to institute necessary legal proceedings to enforce the provisions of this title, and the city attorney is authorized to institute appropriate actions to that end. The city administrator may call upon the chief of police, building official, or health officer to assist in the enforcement of this title.

(Ord. 211 (part), 1980: prior code § 11-1-1907.2)

A.

Any person, firm, corporation, or organization violating any provision of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars or by imprisonment. A person, firm, corporation, or organization shall be deemed guilty of a separate offense for each day during any portion of which a violation of this title is committed, continued, or permitted by the person, firm, corporation, or organization and shall be punishable as herein provided.

B.

Any structure erected, moved, altered, enlarged or maintained, and any use of a site contrary to the provisions of this title, with the exception of nonconforming uses and structures as defined and governed in Chapter 17.62 shall be unlawful and a public nuisance, and the city attorney shall institute necessary legal proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law and may take such other steps as may be necessary to accomplish these ends and may apply to a court of competent jurisdiction to grant such relief as will remove or abate the structure or use and restrain or enjoin the person, firm, corporation or organization from erecting, moving, altering, or enlarging the structure or use contrary to the provisions of this title.

C.

All remedies provided for herein shall be cumulative and not exclusive.

(Ord. 211 (part), 1980: prior code § 11-1-1907.3)