Chapter 17.76

In addition to the provisions and procedures established in this chapter, all enforcement procedures shall comply with Municipal Code Chapter 1—General Provisions. [Source: NEW]

• A. Public Nuisance. Any use, structure, or other activity on a site that is altered, enlarged, erected, established, maintained, moved, or operated, contrary to the provisions of this Zoning Code or any applicable condition of approval, is hereby declared to be unlawful and a public nuisance, and shall be subject to the remedies and penalties specified in the Town Code, including this chapter. [Source: 17.56.020.A, modified]

• B. Infraction/Misdemeanor. Infraction and misdemeanors shall be issued as follows:

  1. Any person who violates or fails to comply with any provision of this Zoning Code, or a condition imposed on any development permit, map, or license, shall be guilty of an infraction on each separate day the violation or failure to comply exists, except as otherwise specified in this chapter. [Source: 17.56.020.B.1, modified]

  2. Any person responsible for these violations who has previously been convicted three (3) or more times during a twelvemonth period for any other violation(s) of this Zoning Code shall be guilty of a misdemeanor. [Source: 17.56.020.B.2, modified]

Enforcement

This chapter provides procedures that are intended to ensure compliance with the requirements of this Zoning Code and the conditions of permit approval. [Source: 17.56.010, modified]

• C. Stop Work Order. Construction in violation of this Zoning Code or a condition(s) imposed on a permit shall be subject to the issuance of a "Stop Work Order." A violation of a Stop Work Order shall constitute a misdemeanor. [Source: 17.56.020.C, modified]

17-185

(Supp. No. 53)

17.76.040

TOWN OF WINDSOR CODE

• A. Remedies Provided by Zoning Code. All remedies contained in this Zoning Code for the handling of violations or enforcement of the provisions of this Zoning Code shall be cumulative and not exclusive of any other applicable provisions of Town, County, State, or Federal law. [Source: 17.56.030.A, modified]

• B. Legal Remedies. The Town may choose to undertake any civil action, civil remedy or penalty, or criminal prosecution or penalty allowed by law to correct and/or abate nuisances, or violations of this Zoning Code. [Source: 17.56.070]

• C. Other Remedies. If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Zoning Code, the conviction shall not prevent the Town from pursuing any other available remedies to correct the violation. [Source: 17.56.030.B, modified]

exist in violation of this Zoning Code, enforcement will proceed in accordance with Municipal Code Chapter 1—General Provisions.

Recovery of administrative costs (e.g., staff, legal, etc.), including staff time expended in the enforcement of the provisions of this Zoning Code, in cases where no permits are required to correct a violation, shall be in accordance with Municipal Code Chapter 1—General Provisions.

A person who establishes a land use activity, or alters, constructs, enlarges, erects, maintains, or moves a structure without first obtaining a permit required by this Zoning Code, shall pay the additional permit processing fees established by the Town's Master Fee Schedule for the correction of the violation(s), before being granted a permit for an activity or structure on the site. [Source: 17.56.090, modified]

• A. Access to Premises. Every applicant seeking a permit application or any other action in compliance with this Zoning Code shall allow appropriate Town officials access to the site that is the subject of the application. If the permit or other action is approved, the owner or applicant shall allow appropriate Town officials access to determine continued compliance with the approved permit and/or any conditions of approval. [Source: 17.56.040.A, modified]

• B. Effect of Refusal. Failure to allow inspections for compliance shall be grounds for revocation proceedings. [Source: 17.56.040.B]

In cases where the Director has determined that property is being used, maintained, or allowed to

• A. Amount and Applicability of Reinspection Fee. Fees shall comply with the following: [Source: 27.56.100.A]

  1. A reinspection fee shall be imposed on each person who receives a notice of violation, notice and order, or letter of correction of any provision of the Town Code, adopted Building Code or State law. The fee amount shall be established by the Town's Master Fee Schedule. The fee may be assessed for each inspection or reinspection conducted when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice or letter. [Source: 17.56.100.A.1]

17-186

(Supp. No. 53)

ZONING CODE

17.78.020

2. The fee shall not apply to the original inspection to document the violations and shall not apply to the first scheduled compliance inspection made after the issuance of a notice or letter, whether or not the correction has been made. [Source: 17.56.100.A.2]

• B. Continuation of the Original Case. Continuation procedures shall comply with the following: [Source: 17.56.100.B]

  1. If a notice or letter has been previously issued for the same violation and the property has been in compliance with the provisions of this Zoning Code or the Town Code for less than six (6) months, the violation shall be deemed a continuation of the original case and all inspections or reinspection's, including the first inspection for the repeated offense, shall be charged a reinspection fee. This fee is intended to compensate for administrative costs for unnecessary Town inspections, and not as a penalty for violating this Zoning Code or the Town Code. [Source: 17.56.100.B.1, modified]

  2. Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of this Zoning Code or the Town Code, or costs incurred by the Town for the abatement of a public nuisance. [Source: 17.56.100.B.2, modified]