Chapter 18.85 ENFORCEMENT

Chapter 18.85
ENFORCEMENT

Sections:

18.85.010 Intent.

18.85.015 Enforcement.

18.85.020 Violations.

18.85.030 Authority to enforce.

18.85.010 Intent.

This chapter shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this title; the Critical Areas Code, EMC Title 14; and the Subdivisions Code, EMC Title 16. No provision of, or any term used in, this chapter is intended to impose any duty to enforce, or any other duty, upon the city or any of its officers or employees which would subject them to damages in a civil action. (Ord. 20-572 § 9 (Exh. I); Ord. 19-543 § 1 (Exh. A); Ord. 17-495 § 4).

18.85.015 Enforcement.

Unless otherwise specified, violations of this chapter shall be deemed civil violations subject to enforcement pursuant to EMC Title 7, Code Enforcement. (Ord. 20-572 § 9 (Exh. I)).

18.85.020 Violations.

A. It is a violation of this title; the Critical Areas Code, EMC Title 14; and the Subdivisions Code, EMC Title 16, for any person to initiate, maintain or cause to be initiated or maintained the use of any structure, land or property within the city, without first obtaining the permits or authorizations required for the use by the aforementioned codes.

B. It is a violation of this title; the Critical Areas Code, EMC Title 14; and the Subdivisions Code, EMC Title 16, for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished any structure, land or property within the city, in any manner that is not permitted by the terms of any permit or authorization issued pursuant to the aforementioned titles; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.

C. In addition to the above, it is a violation of EMC Titles 14 and 16 and this title to:

1. Remove or deface any sign, notice, complaint or order required by or posted in accordance with the aforementioned titles; and

2. Misrepresent any material fact in any application, plans or other information submitted to obtain any building or construction authorization. (Ord. 20-572 § 9 (Exh. I); Ord. 19-543 § 1 (Exh. A); Ord. 17-495 § 4).

18.85.030 Authority to enforce.

A. The community development director shall have the authority to enforce this chapter. The director may call upon the police, fire, building, public works, or other appropriate city departments to assist in enforcement. As used in this chapter, “community development director” or “director” shall also mean his or her duly authorized representative(s).

B. Upon presentation of proper credentials, the director may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant, in order to perform the responsibilities imposed by this chapter. (Ord. 20-572 § 9 (Exh. I); Ord. 19-543 § 1 (Exh. A); Ord. 17-495 § 4).