Chapter 17.98
ENFORCEMENT
Section:
17.98.010 Enforcement measures.
17.98.010 Enforcement measures.
(1) The city may take action it deems necessary to enforce the provisions of this title, including the institution of injunction, mandamus, abatement citing to Municipal Court or similar proceedings to prevent, enjoining temporarily or permanently abate, or remove the unlawful location, construction maintenance, repair, alteration or use.
(2) Violation of any provision of this title or condition of approval shall be punished by a fine not to exceed $500.00, per offense. The daily fine shall be determined based on the nature, extent, and duration of the violation pursuant to GMC Chapter 1.08. In addition, the City Attorney, upon the request of the City Administrator, shall institute any necessary civil proceedings to enforce compliance with the terms of this section.
(3) Each violation of a separate provision of this title shall constitute a separate offense and each day that violation of this title is committed or permitted to continue shall constitute a separate offense. The City Police Chief has the discretion to determine that violations of this title are civil infractions and are subject to GMC Chapter 1.08.
(4) Whenever the City Administrator has determined, based on substantial evidence, that real property has been developed in violation of this title, the City Administrator, in conjunction with the City Police Chief, may cause a violation notification letter to be mailed by regular and certified mail to the owner of the real property at issue, describing the real property, identifying the nature of the violation, naming the owners thereof, and stating that the violator shall provide evidence that the violation has been eliminated within business 30 days of the date of the violation notification letter. A daily fine will be assessed starting on the thirty-first day from the date of the violation notification letter unless:
(a) A response from the violator received by the City within 30 business days of the date of the violation notification letter provides ample evidence that the violation has been eliminated;
(b) A site visit by the City Police Chief demonstrates that the violation has been eliminated; or
(c) The City Administrator, in conjunction with the City Police Chief, determines that there are no public health and safety issues resulting from the violation and there are extenuating circumstances that justify providing the violator additional time, in excess of 30 business days from the date of the violation letter, to abate the violation. The amount of additional time to be provided to the violator shall be determined in the City Administrator’s sole discretion.
(5) When there is a violation of conditions attached to any land use permit approved pursuant to this title, the City Administrator may initiate a public hearing before the Planning Commission for revocation of the land use approval, pursuant to GMC Section 17.94.100.