Article XV

VIOLATION AND PENALTY

1501. Violation

All departments, officials, and public employees of this jurisdiction which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance. They shall issue permits for uses, buildings, or purposes only when they are in harmony with the provisions of this Ordinance. Any such permit, if issued in conflict with the provisions of this Ordinance, shall be null and void.

If any subdivision is made without approval of Council having first been obtained, no public water or sewer facilities shall be furnished by the City to any lot in said subdivision, whether within or without the corporate limits of the City.

1502. Complaints Regarding Violations

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Administrator. He shall record properly such complaint, immediately investigate, and take action thereon provided by this Ordinance.

1503. Penalties

Any person, firm or corporation, whether as principal, agent, employed or otherwise, violating, causing, or permitting the violation of any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, may be fined up to two-hundred and fifty dollars ($250.00). Such person, firm, or corporations shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this Ordinance is committed, continued, or permitted by such person, firm, or corporation and shall be punishable as herein provided.

1504. Enforcement

1504.01 General Enforcement. The Zoning Administrator shall have all necessary authority on behalf of the Council to administer and enforce this Ordinance, including the ordering in writing of the remedying of any condition found in violation of this Ordinance, and the bringing of legal action, including injunction, abatement, or other appropriate action or proceeding, to insure compliance with this Ordinance.

1504.02 Enforcement of Performance Standards. If, in the considered judgment of the Zoning Administrator, there is violation of performance standards set forth in Section 610.01 and 611.01 of this Ordinance, the following procedure shall be followed:

a. The Zoning Administrator shall give written notice by registered mail or other means insuring a signed receipt for such notice, to the person or persons responsible for the alleged violation. Such notice shall indicate the particulars of the alleged violations and the reasons why the Zoning Administrator considers there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator within a time limit as set in the notice. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrator within the time limit as set constitutes admission of violation of the terms of this chapter. The notice shall further state that on request of those to whom it is directed, technical determinations as described under the appropriate sections herein will be made, and that if violation as alleged is found, costs of the determinations will be charged against those responsible for the violation, and that if no violation is found to exist, costs of the determinations will be paid by the city.

b. If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Zoning Administrator, he shall note “Violation Corrected” on his copy of the notice and shall retain it among his records, taking such other action as may be warranted by the circumstances of the case.

c. If there is no reply within the time limit set, thereby establishing violation as provided above, the alleged violation is not corrected to the satisfaction of the Zoning Administrator within the specified time limit, the administrator shall proceed to take or cause to be taken such action as warranted by the continuation of a violation after notice to cease.

d. If reply is received within the specified time limit indicating that the alleged violation will be corrected to the satisfaction of the administrator, but that more time will be required than was granted by the original notice, the Zoning Administrator may grant an extension of time if he deems such extension justified in the circumstances of the case, and if such extension will not, in his opinion, cause substantial peril to life, health or property. In action on requests for extension of time, the administrator shall in writing state his reasons for granting or refusing to grant such extension.
[Amended 11/10/92]