Chapter 14.92
ENFORCEMENT AND PENALTIES
Sections:
14.92.020 Compliance required.
14.92.025 Responsible official.
14.92.030 Notice of violation and order.
14.92.040 Violation – Civil enforcement and penalties.
14.92.050 Violation – Criminal penalties.
14.92.060 Approval revocation, suspension and modification.
14.92.010 Purpose.
The purpose of this chapter is to ensure compliance, abate noncompliance and punish violations of RIMC Title 17 and other designated titles of the Rock Island Municipal Code. The provisions of this chapter shall be applied and interpreted to accomplish this purpose. (Ord. 99-026 § 1).
14.92.020 Compliance required.
No person, corporation, partnership, association, or other legal entity shall fail or refuse to comply with, or interfere with or resist the enforcement of, the provisions of RIMC Title 17 and/or any condition of approval imposed by the Rock Island city council, planning commission, or hearing examiner, or a land use order, directive or decision of a city official. Any such act or failure to act shall constitute a violation under this chapter. (Ord. 99-026 § 1).
14.92.025 Responsible official.
The responsible official shall be the mayor or his/her designee. (Ord. 99-026 § 1).
14.92.030 Notice of violation and order.
Upon the responsible official’s determination that one or more violations have been committed, the responsible official shall issue a notice of violation and order.
A. The notice of violation and order shall, at a minimum, contain the following:
1. The name and address of each record owner, taxpayer and occupier of the property which is the subject of the violation(s) and, when applicable, the contractor(s);
2. The street address or a legal description sufficient for identification of the property;
3. The tax parcel number(s) of the property;
4. A description of each violation, including applicable sections of the Rock Island Municipal Code and/or conditions of approval;
5. An order that the use, acts or omissions which constitute violation(s) must cease;
6. A statement of the corrective action required for each violation, with a date by which such action must be completed;
7. A warning: The failure or refusal to complete corrective action by the date required may result in enforcement action, civil penalties and/or criminal penalties as provided in RIMC 14.92.040; and
8. A statement of the right to appeal to the hearing examiner.
B. The notice of violation and order shall be served upon each record owner, taxpayer and occupier and, when applicable, the contractor(s). Service of the notice of violation and order shall be by personal service or by both regular first class mail and certified mail, return receipt requested, addressed to each person’s last known address. Service by mail shall be deemed completed three days after mailing.
C. The appeal of a notice of violation and order shall be filed with the hearing examiner within 10 calendar days after service on the appellant. (Ord. 99-026 § 1).
14.92.040 Violation – Civil enforcement and penalties.
The failure or refusal to complete corrective action by the date set forth in a notice of violation and order shall subject the person(s) to whom the notice of violation and order was directed to the following enforcement actions and penalties:
A. The responsible official may revoke, modify or suspend any permit, variance, subdivision or other land use approval issued for the subject property.
B. A civil penalty of $50.00 per day per violation until corrective action is completed.
C. The city may enter upon the subject property and complete all corrective action. The actual costs of labor, materials and equipment, together with all direct and indirect administrative costs, incurred by the city to complete the corrective action shall be paid by record owner(s) and shall constitute a lien against the subject property until paid. A notice of claim of lien shall be recorded with the auditor. Interest shall accrue on the amount due at the rate of 12 percent per annum. In any action to foreclose the lien against the subject property, all filing fees, title search fees, service fees, other court costs and reasonable attorneys’ fees incurred by the city shall be awarded as a judgment against the record owner(s) and shall be foreclosed upon the subject property together with the principal and accrued interest.
D. The city may obtain temporary, preliminary and permanent injunctive relief from the superior court.
E. Subsections A through D are cumulative remedies and the taking of action under one subsection does not constitute an election of remedies by the city. (Ord. 99-026 § 1).
14.92.050 Violation – Criminal penalties.
Any person, officer, agent or partner of a corporation, partnership, association or other legal entity, who willfully fails or refuses to complete corrective action to correct a violation by the date set forth in a notice of violation and order shall be guilty of a gross misdemeanor and shall be punished by not more than 90 days in jail or a $1,000 fine, or both. Failure or refusal to complete corrective action shall be a separate offense as to each violation in the notice of violation and order. (Ord. 99-026 § 1).
14.92.060 Approval revocation, suspension and modification.
A. A permit, variance, subdivision or other land use approval may be revoked, suspended or modified on one or more of the following grounds:
1. Failure to complete corrective action as required pursuant to a notice of violation and order.
2. The approval was obtained through fraud.
3. The approval was obtained through inadequate or inaccurate information.
4. The approval was issued contrary to law.
5. The approval was issued under a procedural error which prevented consideration of the interests of persons directly affected by the approval.
6. The approval is being exercised or implemented contrary to the terms or conditions of the approval or contrary to law.
7. The use for which the approval was issued is being exercised in a manner which is detrimental to public health, safety or welfare.
8. Interference with the performance of federal, state, county or city official duties.
B. A permit, variance, subdivision or other land use approval shall be revoked, suspended or modified by the responsible official who shall be the mayor or his/her designee. Action shall be taken through the issuance of a notice and order. The notice and order shall, at a minimum, contain the following:
1. The name and address of each record owner, taxpayer and occupier of the property which is the subject of the action;
2. The street address or a legal description sufficient for identification of the property;
3. The tax parcel number(s) of the property;
4. The action ordered, and the grounds for the action, including applicable sections of the Rock Island Municipal Code and/or conditions of approval;
5. A statement of the corrective action required, if any, with a date by which such action must be completed;
6. A warning: The failure or refusal to comply with the foregoing revocation, suspension or modification of a permit, variance, subdivision or other land use approval may result in enforcement action, civil penalties and/or criminal penalties as provided in RIMC 14.92.040 (civil penalty $50.00 per day) and 14.92.050 (gross misdemeanor up to 90 days in jail and $100.00 fine);
7. A statement of the right to and time of appeal to the hearing examiner.
C. The notice and order shall be served upon each record owner, taxpayer and occupier. Service of the notice and order shall be by personal service or by both regular first class mail and certified mail, return receipt requested, addressed to each person’s last known address. Service by mail shall be deemed completed three days after mailing.
D. The appeal of a notice and order shall be filed with the hearing examiner within 10 days after service on the appellant.
E. After the time period for appeal has expired, the notice and order shall be recorded with the city clerk and the Douglas County auditor. (Ord. 99-026 § 1).