Chapter 19.11
ENFORCEMENT
Sections:
19.11.010 Enforcement.
(A) Enforcing Official – Authority. The designated official shall be responsible for enforcing this UDC and this code and may adopt administrative rules to meet that responsibility. The designated official may delegate enforcement responsibility to other department heads, building inspector, fire chief, or chief of police as appropriate.
(B) General Penalty. Compliance with the requirements of this UDC shall be mandatory. The general penalties and remedies established in subsections (D) and (E) of this section for such violations shall apply to any violation of the UDC. The enforcement actions authorized under this chapter shall be supplemental to those general penalties and remedies.
(C) Application.
(1) Action Taken. Actions under this chapter may be taken in any order deemed necessary or desirable by the designated official to achieve the purpose of this chapter or of the development code.
(2) Violation. Proof of a violation of a development permit or approval shall constitute prima facie evidence that the violation is that of the applicant and/or owner of the property upon which the violation exists. An enforcement action under this chapter shall not relieve or prevent enforcement against any other responsible person.
(D) Civil Regulatory Order.
(1) Authority. A civil regulatory order may be issued and served upon a person if any activity by or at the direction of that person is, has been, or may be taken in violation of the development code.
(2) Notice. A civil regulatory order shall be deemed served and shall be effective when posted at the location of the violation and/or delivered to any suitable person at the location or delivered by mail or otherwise to the owner or other person having responsibility for the location.
(3) Content. A civil regulatory order shall set forth:
(a) The name and address of the person to whom it is directed.
(b) The location and specific description of the violation.
(c) A notice that the order is effective immediately upon posting at the site and/or receipt by the person to whom it is directed.
(d) An order that the violation immediately cease, or that the potential violation be avoided.
(e) An order that the person stop work until correction and/or remediation of the violation as specified in the order.
(f) A specific description of the actions required to correct, remedy, or avoid the violation, including a time limit to complete such actions.
(g) A notice that failure to comply with the regulatory order may result in further enforcement actions, including civil fines and criminal penalties.
(4) Remedial Action. The designated official may require any action reasonably calculated to correct or avoid the violation including, but not limited to, replacement, repair, supplementation, revegetation, or restoration.
(E) Civil Fines.
(1) Authority. A person who violates any provision of the development code, or who fails to obtain any necessary permit or who fails to comply with a civil regulatory order shall be subject to a civil fine.
(2) Amount. The civil fine assessed shall not exceed $1,000 for each violation. Each separate day, event, action or occurrence shall constitute a separate violation.
(3) Notice. A civil fine shall be imposed by a written notice, and shall be effective when served or posted as set forth in subsection (D) of this section. The notice shall describe the date, nature, location, and act(s) comprising the violation, the amount of the fine, and the authority under which the fine has been issued.
(4) Collection. Civil fines shall be immediately due and payable upon issuance and receipt of the notice. The designated official may issue a regulatory order stopping work until such fine is paid. If remission or appeal of the fine is sought, the fine shall be due and payable upon issuance of a final decision. If a fine remains unpaid 30 days after it becomes due and payable, the designated official may take actions necessary to recover the fine. Civil fines shall be paid into the city’s general fund.
(5) Application for Remission. Any person incurring a civil fine may, within 10 days of receipt of the notice, apply in writing to the designated official for remission of the fine. The designated official shall issue a decision on the application within 10 days. A fine may be remitted only upon a demonstration of extraordinary circumstances.
(6) Appeal. A civil fine may be appealed to the hearing examiner as set forth in GFMC 19.04B.140. [Ord. 1030 § 6, 2022.]