Chapter 18.13
ENFORCEMENT
Sections:
18.13.010 Enforcing official – Authority.
18.13.040 Civil regulatory order.
18.13.060 Review of approved permits.
18.13.070 Revocation or modification of permits and approvals.
18.13.010 Enforcing official – Authority.
The mayor shall be responsible for enforcing SLMC Titles 14 through 17, and may adopt administrative rules to meet that responsibility. The mayor may delegate enforcement responsibility to the city zoning administrator, building official, fire chief, chief of police, code enforcement officer or public works superintendent as appropriate. (Ord. 1079 § 1, 2008).
18.13.020 General penalty.
Compliance with the requirements of SLMC Titles 14 through 17 shall be mandatory. All violations of the requirements of SLMC Titles 14 through 17 may be punished by an administrative enforcement process pursuant to Chapter 1.30 SLMC unless a different enforcement process is specifically provided in another section of this code. (Ord. 1079 § 1, 2008).
18.13.030 Application.
A. Actions under this chapter may be taken in any order deemed necessary or desirable by the mayor to achieve the purpose of this chapter or of the development code.
B. Proof of a violation of a development application 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. (Ord. 1079 § 1, 2008).
18.13.040 Civil regulatory order.
A. Authority. A notice of violation and order to correct or cease activity 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.
B. Notice. A notice of violation and order to correct or cease activity 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 and/or delivered by mail or otherwise to the owner or other person having responsibility for the location.
C. Content. A notice of violation and order to correct or cease activity shall conform to the provisions of Chapter 1.30 SLMC as appropriate for the situation.
D. Remedial Action. The mayor may require any action reasonably calculated to correct or avoid the violation, including but not limited to replacement, repair, supplementation, revegetation, or restoration.
E. Appeal. A notice of violation and order to correct or cease activity may be appealed as provided in Chapter 1.30 SLMC. (Ord. 1079 § 1, 2008).
18.13.050 Civil fines.
A. 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 enforcement pursuant to Chapter 1.30 SLMC if the provision of the development code violated so specifies, or a civil fine.
B. Amount. The civil fine assessed shall not exceed $5,000 plus all enhancements for each violation. Each separate day, event, or action or occurrence shall constitute a separate violation. The amount and method of imposing penalties for enforcement under Chapter 1.30 SLMC shall be as set forth in those chapters.
C. Notice. A civil fine shall be imposed by issuance of a notice of infraction if not issued pursuant to Chapter 1.30 SLMC, and shall be effective when served or posted as set forth in SLMC 18.13.040(B). The notice of infraction 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.
D. Collection. Civil fines shall be immediately due and payable upon issuance and receipt of the notice. The mayor 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 mayor may take actions necessary to recover the fine. Civil fines shall be paid into the city’s general fund.
E. Application for Remission. Any person incurring a civil fine may, within 10 days of the receipt of the notice, appeal in writing to the hearing examiner for remission of the fee as provided in Chapter 2.72 SLMC for appeal of administrative enforcement under Chapter 1.30 SLMC. The hearing examiner shall issue a decision on the application within 10 days. A fine, or any portion thereof, may be remitted only upon a demonstration of extraordinary circumstances. (Ord. 1079 § 1, 2008).
18.13.060 Review of approved permits.
A. Review. Any approval or permit issued under the authority of the development code may be reviewed for compliance with the requirements of the development code, or to determine if the action is creating a nuisance or hazard, has been abandoned, or if the approval or permit was obtained by fraud or deception.
B. Initiation of Review. The review of an approval or permit may be initiated by the mayor, city council, or by petition to the mayor by three property owners or three residents of separate dwelling units in the city, stating their belief as to the noncompliance, nuisance, or hazard of the permitted activity.
C. Mayor’s Investigation. Upon receipt of the information indicating the need for, or upon receiving a request for review of, permit or approval, the mayor shall investigate the matter and take one or more of the following actions:
1. Notify the property owner or permit holder of the investigation; and/or
2. Issue a notice of violation and order to correct or cease activity and/or civil fine and/or recommend revocation or modification of the permit or approval; and/or
3. Refer the matter to the city attorney; and/or
4. Refer the matter to the city council with a recommendation for action. (Ord. 1079 § 1, 2008).
18.13.070 Revocation or modification of permits and approvals.
A. Upon receiving a mayor’s recommendation for revocation or modification of a permit or approval, the city council shall review the matter at a public hearing. Upon a finding that the activity does not comply with the conditions of approval or the provisions of the development code, or creates a nuisance or hazard, the city council may delete, modify, or impose such conditions on the permit or approval it deems sufficient to remedy the deficiencies. If the council finds no reasonable conditions which would remedy the deficiencies, the permit or approval shall be revoked and the activity allowed by the permit or approval shall cease.
B. If a permit or approval is revoked for fraud or deception, no similar application shall be accepted for a period of one year from the date of final action and appeal, if any. If a permit or approval is revoked for any other reason, another application may be submitted subject to all of the requirements of the development code. (Ord. 1079 § 1, 2008).