Chapter 17.40 — ENFORCEMENT AND PENALTIES

• A. Director of Community Development Functioning as Zoning Administrator.

It is the duty of the director of community development to enforce the provisions of this title pertaining to the use of any land or structure, bulk, height and land coverage of structures, open spaces about structures, and the dimensions and area of sites upon which structures are located.

• B. Other Officials.

Requirements pertaining to health and sanitation, fire protection and building code regulations shall be enforced by the agency having jurisdiction in such matters. Whenever there is a conflict between the provisions of this title and other city, state and federal regulations, the more restrictive regulations shall apply.

(prior code § 8-1.44(A); Ord. 97-03 § 2 (part); Ord. 2003-04 § 23 (part))

All departments, officials and public employees of the city shall comply with the provisions of this title and shall issue no permit, certificate or license for uses, buildings or purposes which may be in conflict with the provisions of this title. Any such approvals, intentionally or otherwise, shall be null and void.

(prior code § 8-1.44(B); Ord. 97-03 § 2 (part); Ord. 2003-04 § 23 (part))

• A. The following actions, as determined by the community development director, shall constitute a violation and an infraction of this title:

  1. Any person, whether as principal, property owners, agent, employee or otherwise, violating the provisions of this title; or

  2. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title; or

  3. Any use of property conducted, operated or maintained contrary to the provision of this title.

• B. Each violation shall be documented in writing by the community development director and sent by certified mail to the violator. Failure to respond to the notice by either abating the violation or by filing and obtaining the necessary permits or approvals within thirty (30) days receipt of the notice shall constitute an additional violation.

• C. A violation is punishable by fines that are the maximum allowable under state law. Infraction penalties become past due if not paid to the city in full within thirty (30) days of issuance.

• D. The community development director may enlist the assistance of the city attorney as needed to ensure compliance with these provisions.

• E. The city may take legal action to collect all past due penalties and secure abatement of a violation. All violations and infractions of this title are to be considered misdemeanors, and are punishable to the maximum extent allowed by federal and state law.

(prior code § 8-1.44(C); Ord. 97-03 § 2 (part); Ord. 2003-04 § 23 (part))