Chapter 1.4
Enforcement
Sections:
1.4.100 Provisions of this Code Declared to be Minimum Requirements.
1.4.110 Violation of Code Prohibited.
1.4.130 Complaints Regarding Violations.
1.4.140 Inspection and Right of Entry.
1.4.150 Abatement of Violations.
1.4.100 Provisions of this Code Declared to be Minimum Requirements.
A. Minimum requirements intended. In their interpretation and application, the provisions of this Code shall be held to be 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 other provisions of this Code or with other applicable standards, the most restrictive or that imposing the highest standard shall govern.
1.4.110 Violation of Code Prohibited
No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this Code or any amendment thereto.
1.4.120 Penalty
A. Class A Violation. A violation of this Code shall constitute a Class A Violation which shall be processed accordingly.
B. Each violation a separate offense. Each violation of a separate provision of this Code shall constitute a separate offense, and each day that a violation of this Code is committed or permitted to continue shall constitute a separate violation.
C. Abatement of violation required. A finding of a violation of this Code shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City.
D. Responsible party. If a provision of this Code is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section.
E. Maximum fines. Each violation of this Code shall carry a maximum fine of $600 per day.
1.4.130 Complaints Regarding Violations.
A. Filing written complaint. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a signed, written complaint.
B. File complaint with the City Administrator. Such complaints, stating fully the causes and basis thereof, shall be filed with the City Administrator. The City Administrator shall properly record such complaints, investigate and take action thereon as provided by this Code.
1.4.140 Inspection and Right of Entry
When necessary to investigate a suspected violation of this Code, or an application for or revocation of any permit issued under this Code, the City Administrator may enter on any site or into any structure open to the public for the purpose of investigation, provided entry is done in accordance with law. Absent a search warrant, no site or structure that is closed to the public shall be entered without the consent of the owner or occupant. No owner or occupant or agent thereof, shall, after reasonable notice and opportunity to comply, refuse to permit entry authorized by this section. If entry is refused, the City Administrator shall have recourse to the remedies provided by law to secure entry.
1.4.150 Abatement of Violations.
Any development or use which occurs contrary to the provisions of this Code or contrary to any permit or approval issued or granted under this Code is unlawful and may be abated by order of the Municipal Court or Circuit Court. In addition to other enforcement remedies in this Code, any use or structure established, operated, erected, moved, altered, enlarged, painted, or maintained contrary to this Code is unlawful and a public nuisance, and may be abated as provided in the Halsey Municipal Code.
1.4.160 Stop Work Order.
A. Stop Work Order. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the City Administrator may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized by the Building Official or City Administrator to continue.
B. Voluntary Compliance. The City may enter into a voluntary compliance agreement with the property owner or responsible part to correct the violation. The voluntary compliance agreement will be in a form approved by the City and may include any or all of the following items:
1. The name and address of the owner of the property and any other person bound under the agreement.
2. The street address, assessor’s map and tax lot number or other legal description sufficient to identify the premises.
3. A copy of the Notice of Violation.
4. The corrective action to be taken and a date by which the corrective action must be completed. If a building permit or other regulatory permit is required, the agreement will state a date when the property owner, or his authorized representative, will submit a building permit application and plans meeting Linn County Building Department or other regulatory agency requirements.
5. A stipulation by the property owner that the violation identified in the Notice of Violation does exist and that the corrections specified in the voluntary compliance agreement are appropriate and that the property owner agrees to make the corrections by the date and time specified
6. A statement by the property owner that the City, its employees, contractors, agents and assigns, are permitted to enter the property at any reasonable time until the violation is abated.
7. A statement that upon notification from the responsible party that the work is complete, the City will inspect the premises and determine if the violation has been corrected or if the violation still exists.
C. Appeal and Hearing on a Stop Work Order. The property owner or responsible party may appeal the City’s Notice of Violation and Stop Work Order to the City Council.
The City Administrator shall schedule a hearing on the appeal for the earliest practicable date, but not more than 30 days after the effective date of the Notice of Violation. At the discretion of the staff, such hearing may be:
1. Part of a hearing on revocation of the underlying development approval; or
2. Solely to determine whether a violation has occurred.
The City Council shall hold the hearing and shall make written findings as to the violation within 10 days of the close of the hearing. Upon a finding of no violation, the City Council shall require the issuance of a resume work order. Upon finding a violation, the stop work order shall continue to be effective until the violating party furnishes sufficient proof to the City that the violation has been abated.