§ 9-1-133. Abatement of violations.

(a)

Violations to constitute misdemeanor. All violations of this zoning code committed by any person, whether as agent, employee, officer, principal or otherwise, shall be a misdemeanor.

(b)

Prohibited actions. Every person who knowingly provides false information on any type of zoning code related application or map filed with the community development department shall be guilty of a misdemeanor. Every person who fails to stop work when so ordered by the community development director because of an apparent violation of this zoning code shall be guilty of a misdemeanor. Every person who, having received notice to appear in court to answer a related charge, willfully fails to appear, shall be guilty of a misdemeanor.

(c)

Penalties. A misdemeanor may be prosecuted by the city in the name of the people of the state or may be redressed by civil action. Each violation is punishable by a fine or imprisonment as provided by state law.

(d)

Each violation a separate offense. Every person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which the violation is committed, continued or permitted by such person.

(e)

Abatement of public nuisance.

(1)

Any building or structure erected, constructed, moved, altered or maintained and any use of property contrary to the provisions of this zoning code is hereby declared to be unlawful and a public nuisance and any failure, refusal or neglect to obtain a permit as required by the terms of this zoning code shall be prima facie evidence of the fact that a public nuisance exists.

(2)

The city may commence an appropriate civil action to abate a public nuisance and to collect a civil penalty. Any civil action shall be preceded by a finding by the city council, the director, or the director's designee that a violation of this zoning code has occurred. The civil penalty shall not exceed $250.00 for each day on which such violation occurs. In addition, the civil penalty for violation of an abatement order shall be $500.00.

(3)

The abatement of a public nuisance may be made at the expense of the owner of the property on which the nuisance is located. If the city abates the public nuisance, the costs of such abatement shall be charged to the owner of the premises involved. The director may apply to the city council to cause costs for such work to be paid and levied as a special assessment against the property and collected in the manner provided for special assessments.

(f)

Threats to health or safety. The abatement of threats to public health or safety other than public nuisances may also be made at the expense of the owner of the property on which the nuisance is located. If the city abates the threat, the costs of such abatement shall be charged to the owner of the premises involved. The director may apply to the city council to cause costs for such work to be paid and levied as a special assessment against the property and collected in the manner provided for special assessments.

(g)

Injunction. This zoning code may also be enforced by injunction issued by the superior court upon suit by the city.

(h)

Permit revocation. Failure to abide by and faithfully comply with any and all conditions that may be attached to the granting of any discretionary permit pursuant to the provisions of this zoning code shall constitute grounds for the revocation of the permit in accordance with section 9-1-113.9.

(i)

Failure to pay fees or obtain permit. Failure to pay fees and obtain applicable permits shall be deemed a violation of this zoning code. Violation shall result in the assessment of double permit fees prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this zoning code or from any other of the penalties prescribed in this zoning code.

(j)

Remedies cumulative. All of the remedies described in this section shall be cumulative and not exclusive except when otherwise provided.

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2011-163, § 3, 5-3-11; Ord. No. 2016-184, § 2, 10-4-16)