Chapter 1.3
ENFORCEMENT

Sections:

1.3.100    Provisions of This Code Declared to Be Minimum Requirements.

1.3.200    Violation of Code Prohibited.

1.3.300    Violation of This Code as Civil Infraction.

1.3.100 Provisions of This Code Declared to Be Minimum Requirements.

A.    Minimum Requirements Intended. The provisions of this code are minimum requirements adopted for the protection of the public health, safety, and general welfare.

B.    Most Restrictive Requirements Apply. When the requirements of this code vary from or conflict with other applicable standards, the most restrictive or the highest standard shall govern. When requirements of this code vary from or conflict with other provisions of this code, the more specific provision shall prevail over a more general provision. [Ord. NS-2251, 2015; Ord. NS-2122, 2009; Ord. NS-2016, 2006]

1.3.200 Violation of Code Prohibited.

Construction, alteration, maintenance or use of any building or structure or land division or transfer in violation of this code is prohibited.

Except to the extent that this code provides decision-making authority to others, City planning staff shall administer this code and shall apply the standards and criteria in this code to all applications for approval required or authorized by this code. No building permits may be issued for any structure that lacks an approval required by this code. Any use of land in violation of this code is declared to be a nuisance. [Ord. NS-2251, 2015; Ord. NS-2016, 2006]

1.3.300 Violation of This Code as Civil Infraction.

A.    Violating any provision of this code is a Class A civil infraction. The City may seek injunctive relief to compel compliance and restoration of pre-violation status quo as part of the civil infraction proceedings. If a violation is ongoing, each day that a violation remains is a separate violation. The civil penalty for removal of a significant tree is shown in Table 1.3.1.

 

Table 1.3.1

Tree Size

Civil Penalty

4 – 6 inches DBH

$1,000

6 – 10 inches DBH

$1,500

10 – 16 inches DBH

$3,000

Greater than 16 inches DBH

$5,000

B.    Injunctive Relief and Abatement.

1.    The civil infraction process and civil penalties are in addition to any legal or equitable remedy available to the City.

C.    Mitigation for the Removal of Vegetation. The Review Authority may require the replacement of vegetation removed in violation of this code or in violation of a land use approval. The City may require a greater number of trees or shrubs than was removed in order to take into account total vegetation volume, but may also accept a lesser amount of vegetation replacement based on a fire mitigation plan submitted by a qualified professional and approved by the City. The amount of replacement trees, shrubs, and ground cover shall be determined by the volume of removed vegetation. The City may require the property owner to prepare and comply with a mitigation plan providing for planting and maintenance of replacement vegetation, with provisions for replacement of plants that die within three years of planting. The mitigation plan is subject to City approval. The City may refuse to accept any development permit application for a property for which a mitigation plan is required and has not been executed or complied with.

D.    Evidence. In a legal proceeding for noncompliance with this code, the owner or lessee at the time of the violation shall be presumed to be responsible for the violation. This presumption may be overcome by a preponderance of the evidence showing that the violation was committed by some person other than the owner and/or possessor and that the owner and/or possessor was not able to control or prevent the violation. Persons who are not owners and/or possessors are responsible for the violation if their action or failure to act causes the violation. The person responsible for property tax payment is considered the owner. Where commercial premises have a sign identifying the business on the property, that business is rebuttably presumed to be responsible for violation on the premises. Agents, managers or employees are also responsible for their acts or omissions that constitute violations. [Ord. NS-2251, 2015; Ord. NS-2016, 2006]