Article 8 — Violations, Enforcement and Penalties

Any action or inaction that violates the provisions of this ordinance or the requirements of an approved plan or permit shall be subject to the enforcement actions or penalties outlined herein. Any such action or inaction that is continuous with respect to time is deemed to be a public nuisance and also may be abated by injunctive or other equitable relief. The imposition of any of the enforcement actions or penalties described herein shall not prevent such equitable relief.

The following are the enforcement procedures authorized by this ordinance. In the event the owner or responsible person fails to correct the violations after the deadline contained in the Notice of Violation, the Director of the Department of Planning and Development or the director’s designee are authorized to take or impose any one or more of the additional actions contained herein.

Enforcement shall begin with the issuance of a written Notice of Violation to the owner or responsible person by the Director of the Department of Planning and Development or the director’s designee. The notice may be delivered personally or sent by first class mail. The Notice of Violation shall contain at least the following information:

action or inaction into compliance with a permit, approved plan or this ordinance;

owner or responsible person to whom the Notice of Violation is directed.

The Director of the Department of Planning and Development or the director’s designee is authorized to issue Stop Work Orders to an owner or responsible person.

Stop Work Orders are effective immediately and shall remain in effect until the necessary corrective actions or remedial measures as set forth in the Notice of Violation have occurred. Stop Work Orders may be withdrawn or modified by the Director of the Department of Planning and Development or the director’s designee in order to enable an owner or responsible person to take necessary remedial actions or measures to correct the violations.

The Director of the Department of Planning and Development or the director’s designee is authorized to refuse to issue Certificates of Occupancy or Completion for the building or other improvements constructed or being constructed on a site until the owner or responsible person has taken the remedial actions or measures as set forth in the Notice of Violation or has otherwise corrected the violations described therein.

The Director of the Department of Planning and Development or the director’s designee is authorized to suspend, revoke or modify a permit that was issued authorizing land disturbing activities or development. The Director of the Department of Planning and Development or the director’s designee is authorized to reinstate a suspended, revoked or modified permit after the owner or responsible person has taken the remedial actions or measures stated in the Notice of Violation or has otherwise corrected the violations described therein. The Director of the Department of Planning and Development or the director’s designee is also authorized to reinstate such permit, which may include conditions as the Director of the Department of Planning and Development or the director’s designee may deem necessary, to enable the owner or responsible person to take the necessary remedial actions or measures to correct the violations.

The Director of the Department of Planning and Development or the director’s designee is authorized to refuse to approve Final Plats until the owner or responsible person has taken the remedial actions or measures set forth in the Notice of Violation or has otherwise corrected the violations described therein.

The Director of the Department of Planning and Development or the director’s designee is authorized to issue a citation or summons to the owner or responsible person requiring such person to appear in a court of competent jurisdiction to answer charges for violations of this ordinance.

Any person convicted by a court of competent jurisdiction of violating any provision of this ordinance shall be guilty of violating a duly adopted ordinance of the City and shall be punished either by a fine not less than $100 per day and not greater than $1,000 per day, or by a sentence of imprisonment not to exceed 60 days in jail, or both a fine and jail or work alternate. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

In any case in which a violation of this ordinance has occurred, the City, in addition to other remedies provided by law, may petition for a restraining order, injunction, abatement, or take any other appropriate legal action or proceeding through a court of competent jurisdiction to prevent, restrain, or abate such unlawful use or activity.

In any case in which any land is, or is proposed to be, used or activities are undertaken in violation of this ordinance or any amendment thereto adopted by the City Council, the City, in addition to other remedies provided by law, may petition for a restraining order, injunction, abatement, or take any other appropriate legal action or proceeding through a court of competent jurisdiction to prevent, restrain, or abate such unlawful use or activity.