The text
A.
Authority. The Community Development Director is authorized to enforce the provisions of this Code through either criminal or civil proceedings.
B.
Delegation. The Community Development Director may delegate enforcement authority to any City official. No written delegation of power is necessary.
C.
Violations. Any Building or Use of land or any construction thereon which was not authorized by or under the City Code which is illegal under such ordinances, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this Code. The Use or continuation of such a Use or construction is punishable under this Code.
D.
Number of Offenses. Every person, firm or corporation shall be deemed responsible or guilty of a separate offense for each and every day that a violation is committed or continued.
E.
Criminal Penalties. Violations of the provisions of this Code are class B misdemeanors, subject to criminal prosecution, unless otherwise specifically enumerated or limited by law.
F.
Civil Penalties. Violations of the provisions of this Code may also be pursued through administrative citation or summons, as provided in Title 8, Chapter 14, Code Enforcement Program. Orders of abatement may be issued by the City pursuant to those provisions.
G.
Remedies.
1.
The City, or any adversely affected Owner of real estate within the City in which violations of this Code occur or are about to occur, may, in addition to other remedies provided by law, institute:
a.
Injunctions, mandamus, abatement, or any other appropriate action; or
b.
Proceedings to prevent, enjoin, abate or remove the unlawful Building, Use, or act.
2.
The City need only establish the violation to obtain an injunction.
3.
The City may, in addition to other remedies provided by law, enforce the ordinance by:
a.
Withholding Building Permits; or
b.
Taking action to cancel any permit or approval for failure to comply with the terms of any permit or approval. The land use authority that issued the permit or approval shall consider the matter preceded by at least ten calendar days' notice. Cancellation or revocation of a permit or approval may be appealed in the same manner as the original action.
H.
Nuisance and Abatement. All Buildings or Uses of land which are established, conducted, or maintained contrary to the provisions of this Code shall be and are declared to be unlawful and a public nuisance. In addition to other remedies provided by the law, the City Attorney may immediately commence a court action or proceedings for abatement, removal or injunction to correct the nuisance. These remedies are cumulative to other civil and criminal actions, and not exclusive.
(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020; Ord. No. 2020-06, § VII, 6-3-2020)