Chapter 17.28
ENFORCEMENT AND VIOLATIONS
Sections:
17.28.010 Administrative official.
17.28.020 Compliance with ordinance.
17.28.040 Complaint regarding violation.
17.28.010 Administrative official.
This title shall be administered by the city planner and such other persons as he designates. The building official shall be named the code enforcement officer and shall be responsible for identifying structures and uses that exist or are conducted in a manner that violates this title. If the city planner or code enforcement officer finds that any provision of this title is being violated, he shall notify, in writing, the responsible party indicating the nature of the violation and the action necessary to correct it. (Ord. 90-02 §2(part), 1990).
17.28.020 Compliance with ordinance.
A. All officials, departments, and employees of the city vested with the authority or duty to issue permits, certificates, or licenses shall comply with the provisions of this title and shall issue no permit, certificate, or license which conflicts with the provisions of this title. Any permit, certificate, or license issued in conflict with the provisions of this title shall be null and void.
B. No permits for the development of real property shall be issued until the city planner, or his designee, determines whether the real property involved and the proposed development are in compliance with the provisions of the Subdivision Map Act, the general plan and this title. (Ord. 90-02 §2(part), 1990).
17.28.030 Inspection.
The city planner or code enforcement officer may, upon the presentation of credentials to the owner or, occupant, enter any premises, building, or structure at any reasonable time for the purpose of determining if the site is being used in compliance with the provisions of this title. If admission or entry is refused the city planner may apply for an inspection warrant. (Ord. 90-02 §2(part), 1990).
17.28.040 Complaint regarding violation.
Whenever a violation of this code occurs or is alleged to have occurred, any person may file a written complaint with the city planner, stating fully the causes and basis for the complaint. The city planner shall record such complaint, investigate, and take such action as provided by this title and that he feels is appropriate. (Ord. 90-02 §2(part), 1990).
17.28.050 Penalty.
Violation of the provisions of this title or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances, conditional use permits, special development permits, or exceptions) shall constitute a misdemeanor punishable by a fine of not more than twenty-five dollars. A person shall be deemed guilty of a separate offense for each day a violation of this title committed or continued. (Ord. 90-02 §2(part), 1990).
17.28.060 Abatement.
Any structure erected, moved, altered, enlarged, or maintained and any use of such site contrary to the provisions of this title shall be declared unlawful and a public nuisance.
A. Citation. A citation may be issued by the code enforcement officer to any person acting in violation of this title. The citation shall state the nature of the violation and the action necessary to correct it. The person receiving the citation shall be granted thirty days to remove or rectify the violation free of monetary penalty. Failure to abate the violation within the specified grace period shall result in a fine of fifty dollars plus twenty-five dollars for every day that the violation persists.
B. Stop Work Order. If the violation occurs while construction is in progress, the code enforcement officer may issue a stop work order. All construction at the site shall cease until the violation is abated to the satisfaction of the city planner or the code enforcement officer.
C. Refusal to Comply. Failure to take action to abate a violation within the thirty-day grace period shall be deemed refusal to comply with this title. After the thirty days have elapsed the city council shall conduct a hearing to declare the violation a public nuisance. Parties to the violation shall be notified of the hearing date and be given an opportunity to address the council. After conducting the hearing the council shall adopt a resolution declaring the violation a public nuisance or granting an extension of the period in which to abate the violation.
D. Declaration of Nuisance. When a violation of this title is declared a public nuisance, the city manager shall notify the city attorney, to immediately institute legal proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law. The city manager shall also take such other steps as may be necessary to accomplish these ends. These steps may include, but are not limited to, fines and sanctions, closure of the facility, and/or demolition of structures. The expense of required abatement procedures and fines may be applied as a lien against the property on which the nuisance exists. (Ord. 90-02 §2 (part), 1990).