Enforcement.
The City has the right to execute the following actions to remedy violations of the UDC:
A. Fines.
1. Violation of the UDC, or failing to comply with any of its requirements, may be deemed as an offense or misdemeanor punishable by a fine not to exceed two thousand dollars ($2000) for all violations concerning fire safety, zoning, public health and sanitation, including the dumping of refuse, and a fine not to exceed five hundred dollars ($500) for all other violations of this chapter. For the purpose of assessing fines, every day that the violation continues may constitute a new offense.
2. When a violation committed under this Subsection A is designated as a nuisance under the provisions of the UDC, such nuisance may be summarily abated by the City. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
B. Withhold permits.
1. The Planning Director may deny or withhold a permit, Certificate of Occupancy or other forms of authorization on any land, building, structure or improvement upon which is a violation of a requirement of the UDC or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.
2. Instead of withholding or denying a permit or other authorization, the Planning Director may grant authorization subject to the condition that the violation be corrected.
C. Revoke permits.
1. A permit, certificate or other form of authorization required under the UDC may be revoked by the Planning Director if he or she determines that:
(i) There are significant, material departures from an approved plan or permit;
(ii) The applicant or person acting on behalf of the owner received the permit by false representation;
(iii) The permit was issued by mistake of an administrative official of the City; or
(iv) There is any other violation of the UDC or of an approval previously granted by the City.
2. Written notice of permit revocation or suspension will be served by the Planning Director or Building Official to the property owner, the owner's agent, or contractor, or upon any person employed in the construction of the building or structure. If no persons can reasonably be served notice, the notice must be posted in a prominent location on the property.
3. If a property owner or the owner's authorized agent relies on fraudulent information to obtain approval of a request or permit listed in
§ 1.2.5: Summary of approval authorities and public notice, the City Official responsible for processing the application under that section will rescind the approval by notifying the property owner and agent in writing.
D. Stop work order. With or without revoking permits, the Planning Director, City Engineer, or Building Official may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of the UDC or of a permit or other form of authorization issued under the UDC.
E. Abatement, injunctive relief, and other corrective remedies.
1. The City may serve notice of any observed or reported violation or nuisance committed in violation of the UDC and order the owner to cease and abate the violation or nuisance within a timeframe specified on the face of the notice.
2. If the violation or nuisance is not abated and cured within the timeframe specified on the notice in Subsection 1, above, the City Attorney or his or her designee may request a court order for abatement, injunction, mandamus, or other action or proceeding to abate or remove a nuisance or violation and restore a property or building in violation to a conforming condition.
F. Forfeiture and confiscation of signs on public property. Any sign installed or placed on public property without the authorization of the City, including roadway medians and shoulders in the right-of-way, or easements dedicated to the City or to which the City is a named beneficiary, is forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this chapter, the City has the right to recover the full costs of sign removal and disposal from the sign owner or person who placed the sign.
G. Other penalties. The City may seek any other penalties and remedies provided by law.
H. Continuation of previous enforcement actions. Nothing in the UDC stops a previous enforcement action undertaken by the City if the action is according to previous ordinances and laws.
Person subject to penalties.
The owner or tenant of a building, structure, property, or any division of these, along with an architect of record, engineer of record, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains a violation of the UDC may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions.
See
§ 1.1.15: Person subject to penalties.
