Chapter 10.10
ENFORCEMENTS, PENALTIES AND FEES
Sections:
10.10.050 Penalties and remedies.
10.10.070 Schedule of fees, charges and expenses.
10.10.080 Civil penalty and statutory injunction.
10.10.010 Enforcement duty.
The Public Works Director or his or her designee has authority to enforce the provisions of this title. The Public Works Director may order the correction or discontinuance of any violation of the requirements of this title, or may take any other action necessary to obtain compliance with these regulations. An enforcement order shall be in writing and shall be posted, served either personally or by certified mail, or served in another lawful manner to the property owner. It shall become final unless appealed within 15 days, as provided in this title. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 23-15 § 4, 2023. Formerly 10.41.900)
10.10.020 Complaint filing.
A. Whenever a violation occurs, any person may file a complaint in regard thereto. All such complaints shall be brought to the attention of the Public Works Director.
B. If it is determined that a violation does exist, the Public Works Director may issue an enforcement order directing the violation be corrected. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. XI)
10.10.030 Appeals.
Upon receipt of an enforcement order, the person, organization, association or corporation to whom the order is directed may appeal the order to the Houston City Council, who shall act as the Board of Adjustment within the City limits of Houston. Such appeal must be in writing and be filed with the City Clerk within 15 days of receipt of the order. If the appeal is denied or if no appeal is filed and the violation is not corrected, the City may commence abatement proceedings as indicated in HMC 10.10.040. A decision of the Board of Adjustment may be appealed to the state of Alaska superior court. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. XI)
10.10.040 Nuisance abatement.
Any building or structure set up, erected, built, moved or maintained, or any use of property contrary to the provisions of this title, is unlawful and a public nuisance. The City may commence any action or proceeding for abatement, removal, or enjoinment thereof in the manner provided by law, and has authority to take other steps and apply to any court or courts as may have jurisdiction to grant relief for abatement or removal of such building, structure, or use, or to restrain or enjoin any person from setting up, erecting, moving, or maintaining any structure or use of property contrary to the provisions of this title. Such action may also be instituted by any aggrieved citizen. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. XI)
10.10.050 Penalties and remedies.
Penalties and remedies for violations of this title are as provided in Chapter 1.16 HMC. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 12-18 § 4, 2012. Formerly Ch. 10.41 Art. XI)
10.10.060 Remedies deemed cumulative.
Repealed by Ord. 12-18. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009. Formerly Ch. 10.41 Art. XI)
10.10.070 Schedule of fees, charges and expenses.
A. City administration shall establish and maintain a schedule of fees, charges and expenses, and a collection procedure for all applications for building permits, conditional uses, variances, amendments, appeals, site plan approvals, and other matters pertaining to this title.
B. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application.
C. Applicants shall pay the cost of postage and copies for all mailings to property owners and other parties required for action on an application. (Ord. 08-13 § 5, 2008; Ord. 09-23 § 4, 2009; Ord. 12-18 § 4, 2012. Formerly Ch. 10.41 Art. XI)
10.10.080 Civil penalty and statutory injunction.
Pursuant to AS 29.25.070(b), the City may institute a civil action against any person who violates any provision of this title. In addition to injunctive and compensatory relief, a civil penalty may also be imposed for each violation. An action to prohibit a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation, the superior court shall grant the injunction. Each day a violation of this title continues constitutes a separate violation. (Ord. 12-18 § 4, 2012)