Chapter 19.140
ENFORCEMENT
Sections:
19.140.030 Responsibility to enforce.
19.140.080 Civil penalty for zoning code violations.
19.140.090 Criminal penalties for zoning code violations.
19.140.100 Penalties for subdivision violations.
19.140.010 Intent.
This chapter shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of MTMC Title 17, Subdivisions, MTMC Title 18, Land Use Planning and Development, and this title, Zoning. No provision of, or any term used in this chapter, is intended to impose any duty to enforce, or any other duty upon the City or any of its officers or employees which would subject them to damages in a civil action. (Ord. 2805 § 5 (Exh. B), 2022; Ord. 2679 § 3, 2016).
19.140.020 Violations.
A. It is a violation of MTMC Title 17, Subdivisions, MTMC Title 18, Land Use Planning and Development, and this title, Zoning, for any person to initiate, maintain or cause to be initiated or maintained, the use of any structure, land or property within the City, without first obtaining the permits or authorizations required for the use by the aforementioned codes.
B. It is a violation of MTMC Title 17, Subdivisions, MTMC Title 18, Land Use Planning and Development, and this title, Zoning, for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished any structure, land or property within the City, in any manner that is not permitted by the terms of any permit or authorization issued pursuant to the aforementioned titles; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
C. In addition to the above, it is a violation of MTMC Title 17 and this title to:
1. Remove or deface any sign, notice, complaint or order required by or posted in accordance with the aforementioned titles;
2. To misrepresent any material fact in any application, plans or other information submitted to obtain any building or construction authorization. (Ord. 2805 § 5 (Exh. B), 2022; Ord. 2679 § 3, 2016).
19.140.030 Responsibility to enforce.
A. The City’s Community and Economic Development Director shall have the responsibility to enforce this chapter. The Director may call upon the Police, Fire, Building, Public Works or other appropriate City departments to assist in enforcement. As used in this chapter, “Community and Economic Development Director” or “Director” shall also mean his or her duly authorized representative.
B. Upon presentation of proper credentials, the Director may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant, in order to perform the responsibilities imposed by this chapter. (Ord. 2805 § 5 (Exh. B), 2022; Ord. 2679 § 3, 2016).
19.140.040 Enforcement.
Enforcement of this chapter shall be governed by Chapter 1.15 MTMC. (Ord. 2805 § 5 (Exh. B), 2022; Ord. 2689 § 2, 2016; Ord. 2679 § 3, 2016).
19.140.050 Time to comply.
When calculating a reasonable time for compliance in the notice of violation, the Director shall consider the following criteria:
A. The type and degree of violation cited in the notice;
B. The stated intent, if any, of a responsible party to take steps to comply;
C. The procedural requirements for obtaining a permit to carry out corrective action;
D. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and
E. Any other circumstances beyond the control of the responsible party. (Ord. 2805 § 5 (Exh. B), 2022; Ord. 2679 § 3, 2016).
19.140.060 Emergency order.
A. Posting and Failure to Comply. Whenever any use or activity in violation of MTMC Title 17 or 18 or this title threatens the health and safety of the occupants of the premises or any member of the public, the Director has the authority to issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall be immediately posted on the property and served on the person(s) responsible. Failure to comply with an emergency order shall constitute a violation of this chapter.
B. Right to Appeal. The emergency order shall include all of the information in MTMC 1.15.120(C). In addition, the emergency order shall include a statement that the person to whom the emergency order is directed may file an appeal within seven calendar days after service or posting of the emergency order and request an expedited hearing with the Hearing Examiner, who is hereby authorized to hear such appeal. If no appeal is filed and compliance is not achieved, the Director may ask the City Attorney to seek additional relief under MTMC 19.140.110 and/or the Director may issue a notice of violation pursuant to MTMC 1.15.120, seeking compliance and penalties.
C. Expedited Appeal Hearing. The Hearing Examiner shall hold the expedited appeal hearing on an emergency order according to the applicable procedures in MTMC 19.140.070. If the Hearing Examiner finds that the violation described in the emergency order occurred or exists, any condition described in the emergency order which is not corrected within the time specified is hereby declared to be a public nuisance and the Director may ask that the City Attorney take action to obtain a warrant of abatement for the property in Superior Court. The owner or person responsible (or both) shall be responsible for the costs associated with the abatement, in the manner provided by law. (Ord. 2805 § 5 (Exh. B), 2022; Ord. 2679 § 3, 2016. Formerly 19.140.070).
19.140.070 Appeals.
Appeals shall be governed by Chapter 1.15 MTMC. (Ord. 2805 § 5 (Exh. B), 2022; Ord. 2679 § 3, 2016. Formerly 19.140.080).
19.140.080 Civil penalty for zoning code violations.
A. Amount. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of this chapter relating to the Zoning Code (this title), shall be subject to a cumulative penalty in the amount of $300.00 per day for each violation from the date set for compliance until compliance is achieved.
B. Collection. The penalty imposed by this section shall be collected by civil action brought in the name of the City. The Director shall notify the City Attorney in writing of the name of any person subject to the penalty, and the City Attorney shall, with the assistance of the Director, take appropriate action to collect the penalty. Each day of noncompliance with any of the provisions of the Zoning Code (this title) shall constitute a separate offense.
C. Mitigation of Liability. The Director may consider requests for mitigation of liability, with the decision of the Director being appealable to the Hearing Examiner pursuant to MTMC 19.140.070. The violator may show as full or partial mitigation of liability:
1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or
2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant. (Ord. 2805 § 5 (Exh. B), 2022; Ord. 2679 § 3, 2016. Formerly 19.140.100).
19.140.090 Criminal penalties for zoning code violations.
A. Fine or Imprisonment. Any person violating or failing to comply with any of the provisions of this chapter or the Zoning Code (this title) who has had a judgment entered against him or her pursuant to MTMC 19.140.080 or this section for the same violation within the past five years shall be subject to criminal prosecution and upon conviction of a subsequent violation shall be fined in a sum not exceeding $5,000 or be imprisoned for a term not exceeding 364 days or be both fined and imprisoned. Each day of noncompliance with any of the provisions of this chapter or the Zoning Code, this title, shall constitute a separate offense.
B. Other Actions Subject to Penalties. The above criminal penalty may also be imposed:
1. For any other violation of the Zoning Code, this title, for which corrective action is not possible; and
2. For any willful, intentional, or bad faith failure or refusal to comply with the standards or requirements of the Zoning Code, this title. (Ord. 2805 § 5 (Exh. B), 2022; Ord. 2679 § 3, 2016. Formerly 19.140.110).
19.140.100 Penalties for subdivision violations.
A. Misdemeanor. Any person, firm, corporation or association or any agency who violates any provision of MTMC Title 18, Land Use Planning and Development, or MTMC Title 17, Subdivisions, relating to the sale, offer for sale, lease or transfer of any lot, tract, or parcel of land, shall be guilty of a gross misdemeanor, and subject to a fine in a sum not exceeding $5,000 or be imprisoned for a term not exceeding 364 days or be both fined and imprisoned. Each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of any provision of MTMC Title 18, Land Use Planning and Development, or MTMC Title 17, Subdivisions, shall be deemed a separate and distinct offense and subject to a separate citation.
B. Restraining Actions. Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of MTMC Title 18, Land Use Planning and Development, or MTMC Title 17, Subdivisions, or any condition of plat approval prescribed for the plat by the City, the City Attorney may commence an action to restrain and enjoin such use and compel compliance with the provisions of MTMC Title 18, Land Use Planning and Development, or MTMC Title 17, Subdivisions, or with such terms and conditions. The costs of such action shall be taxed against the violator. (Ord. 2805 § 5 (Exh. B), 2022; Ord. 2679 § 3, 2016. Formerly 19.140.120).
19.140.110 Additional relief.
The Director may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this title, Zoning, Chapter 1.15 MTMC, MTMC Title 18, Land Use Planning and Development, or MTMC Title 17, Subdivisions, when civil or criminal penalties are inadequate to effect compliance. (Ord. 2805 § 5 (Exh. B), 2022; Ord. 2679 § 3, 2016. Formerly 19.140.130).