Article 15.04.815 — ENFORCEMENT PROVISIONS

This article establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of Article XV and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of Article XV.

A.

The Zoning Administrator is responsible for enforcing the provisions of Article XV.

B.

All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses must conform to the provisions of Article XV and not issue any permit or license for uses, buildings or purposes in conflict with the provisions of Article XV. Any such permit or license issued in conflict with the provisions of Article XV is null and void.

Any permit granted under Article XV may be revoked in accordance with the provisions in Section 15.04.803.130 (Revocation) if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection with the permit. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.

A.

Nuisance Defined. In accordance with Section 9.22.090 of the Municipal Code, the following is unlawful and constitutes a public nuisance:

1.

Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of Article XV;

2.

Any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of Article XV; or

3.

Failure to comply with any of the conditions of a permit granted under Article XV.

B.

Authority. The Director, the Zoning Administrator, the Code Enforcement Manager and/or Building Official, and their respective designees, or such person designated by the City Manager, are authorized and directed to use the provisions of this section and of Municipal Code Chapters 9.22 and 2.62 for the purpose of abating those nuisances that exist as the result of violation of Article XV. They are "authorized City employees" for purposes of this article and Municipal Code Chapter 9.22 and "enforcement officers" for purposes of Municipal Code Chapter 2.62.

C.

Procedures. Whenever an authorized City employee has inspected or caused to be inspected any structure, building, use, or property and determined that it a nuisance, the authorized City employee shall commence proceedings to cause the abatement of the nuisance, as provided for in Chapters 9.22 and 2.62 of the Municipal Code.

D.

Remedies. The remedies provided for in this section are cumulative and not exclusive to those provided for in Chapter 9.22 and Chapter 2.62 of the Municipal Code. Upon a finding of nuisance, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the City may impose any remedy available at law or in equity, which includes, but is not limited to, any of the following or combination of the following:

1.

Ordering the cessation of the use in whole or in part.

2.

Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing non-conforming uses.

3.

Requiring continued compliance with any conditions so imposed.

4.

Requiring the user to guarantee that such conditions will in all respects be complied with.

Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed.