Chapter 17.40
ENFORCEMENT
Sections:
17.40.010 Issuance of permits in violation of regulations.
17.40.020 Violation of regulations.
17.40.040 Declaration of public nuisance.
17.40.060 Community Development Director responsible for enforcement of this title.
17.40.010 Issuance of permits in violation of regulations.
All departments, officers and public employees vested with the duty or authority to issue permits, certificates or licenses for uses, buildings or purposes within the City in conflict with the provisions of these regulations, and any such permit, certificate or license issued in conflict with the provisions of these regulations, shall be null and void. [Ord. 350 § 1, 2016; Ord. 252 § 8.01, 2004.]
17.40.020 Violation of regulations.
It shall be unlawful for any person, whether principal, agent, employee, firm, corporation or otherwise, to violate or causing or permitting the violation of any of the provisions of these regulations shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both such fine and imprisonment. [Ord. 350 § 1, 2016; Ord. 252 § 8.02, 2004.]
17.40.030 Penalty.
Any person, firm, corporation, or other entity, whether as owner, lessee, sublessor, sublessee, or occupant of any premises that violates the provisions of this chapter or any order issued pursuant to this chapter shall be subject to any or all of the following:
(1) Such person shall be subject to summary or administrative abatement of the nuisance by the City, and be subject to fines, civil penalties, fees and costs, including reasonable attorney fees, imposed by the City pursuant to the summary or administrative abatement procedures contained in the City Code or any other provisions of law;
(2) Such person shall be guilty of a misdemeanor for each day such violation continues, and, upon conviction thereof, shall be punished for each violation by a fine not to exceed $1,000, or by imprisonment of not longer than six months, or both for each violation;
(3) Such person shall be prosecuted in a civil action, criminal action, or both brought by the City. The City Attorney or other authorized legal representative may bring an action in a court of competent jurisdiction to enjoin or prosecute any nuisance violation of this chapter, or violation of any other ordinance of the City;
(4) Each and every day that any such violation continues to exist shall constitute a continuing and separate offense. [Ord. 350 § 1, 2016; Ord. 349 § 1, 2016; Ord. 252 § 8.02.5, 2004.]
17.40.040 Declaration of public nuisance.
Any building or use operated or maintained contrary to the provisions of these regulations shall be and the same is hereby declared to be a public nuisance and shall be subject to injunction and abatement as such. [Ord. 350 § 1, 2016; Ord. 252 § 8.03, 2004.]
17.40.050 Remedies.
Nothing in this chapter shall be deemed to prevent the City from commencement of any available administrative, civil and/or criminal proceeding to abate a violation or nuisance pursuant to all applicable provisions of law as an alternative and/or in addition to any enforcement proceedings set forth in the Rio Dell Municipal Code.
The remedies set forth in this chapter include summary and administrative abatement, administrative citations, civil actions, criminal actions and all other remedies provided for by law. All remedies set forth in this chapter and in all City ordinances for the abatement or punishment of any violation thereof are cumulative and may be pursued alternatively or in combination. Provisions of this code are to be supplementary and complementary to all of the City ordinances, the Rio Dell Municipal Code, State law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City to abate any and all violations or nuisances and to enforce its ordinances. [Ord. 350 § 1, 2016; Ord. 252 § 8.04, 2004.]
17.40.060 Community Development Director responsible for enforcement of this title.
(1) The Community Development Director shall be responsible for the enforcement of the provisions of this title.
(2) This title may be enforced by an authorized representative of the Community Development Director.
(3) The Chief of Police is hereby designated as an authorized representative of the Community Development Director.
(4) The Community Development Director, or his authorized representative(s), shall have authority to request entry to any building, structure, or premises, during normal business hours for the purpose of performing his/her official duty. [Ord. 350 § 1, 2016; Ord. 304 § 1, 2013; Ord. 252 § 8.05, 2004.]