Chapter 20.92
VIOLATIONS
Sections:
20.92.010 Complaints of violations.
20.92.020 Violations deemed nuisance.
20.92.030 Permits not deemed approval of violations.
20.92.040 Penalties for violations.
20.92.050 Remedies cumulative.
20.92.010 Complaints of violations.
Whenever a violation occurs, any person may file a written complaint. All such complaints shall be brought to the attention of the administrator who shall record such complaint and immediately investigate and report to the commission. If the alleged violation continues after a notice of violation to the person maintaining a use in violation, then the zoning administrator shall refer the matter to the commission. The commission may pursue any legal action necessary to secure compliance with this code. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984; Ord. 219 § 5, 1969; prior code § 95.55.030.]
20.92.015 Violation reports.
Complaints from citizens shall be in the form of a letter stating the precise nature of the violation. The staff will perform a site inspection and act accordingly to resolve the problem. If the use is found in violation of this code, a notice of violation will be sent specifying what actions must be taken to correct the violation. A copy of this notice and any following correspondence shall be sent upon request to the person making a complaint. All correspondence will be dated and filed to document the process. Information necessary in the report to the commission shall include:
A. The extent and nature of the alleged violation;
B. The date of the investigation and notification of violation by the planning administrator;
C. Date and nature of the complaint;
D. The name of the complainant shall be confidential, as such information has no bearing upon the nature and extent of any violation, and shall not be recorded unless specifically requested by the complainant and then only for providing information by which the zoning administrator may supply the person with a copy of the report submitted to the commission and documentation of any further proceedings necessary to secure compliance. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984.]
20.92.020 Violations deemed nuisance.
Any building or structure set up, erected, built, moved or maintained or any use of property contrary to the provisions of this title shall be declared to be unlawful and a public nuisance and the borough assembly shall immediately commence action for the removal thereof, in the manner provided by law, and shall apply to such court or courts as may have jurisdiction to remove such building, structure or use. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.55.030.]
20.92.030 Permits not deemed approval of violations.
The issuance or granting of a building permit or approval of plans or specifications under the authority of a building code without a certificate of zoning compliance shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this title or any amendment thereto. No permit presuming to give authority to violate or cancel any of the provisions of this title shall be valid except insofar as the work or use which is authorized is lawful and permitted. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.55.030.]
20.92.040 Penalties for violations.
For any and every violation of the provisions of this title, the owner, agent, or contractor of a building or premises where such violation has been committed or exists, or any other person who maintains any building or premises in which any violation exists, shall be punishable as provided for in WMC 1.20.010. Each and every day that such violation continues shall be deemed a separate and distinct violation. [Ord. 867 § 1, 2013; Ord. 833 § 61, 2009; Ord. 219 § 5, 1969; prior code § 95.55.040.]
20.92.045 Injunctive relief.
Nothing contained in this section shall prevent the borough assembly, with the concurrence of the commission, from taking such other lawful action as is necessary to prevent or remedy any violation of this code. The borough assembly shall be specifically entitled to seek injunctive relief for the enforcement of this code. [Ord. 867 § 1, 2013; Ord. 462 § 6, 1984.]
20.92.050 Remedies cumulative.
All remedies provided for in this title shall be cumulative and not exclusive. [Ord. 867 § 1, 2013; Ord. 219 § 5, 1969; prior code § 95.55.040.]