Chapter 18.39
ENFORCEMENT AND ABATEMENT PROCEDURES
Sections:
18.39.050 Penalty for violation.
18.39.010 Purpose.
This chapter establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of this title and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this title. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.39.020 Enforcement.
All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the Building Inspector of the City to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to or of any building or structure. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.39.030 Revocation.
Any permit granted under the Zoning Ordinance may be revoked in accordance with the provisions in Section 18.27.140, Revocation of permits, if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.39.040 Nuisance defined.
A. Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, and failure to comply with any of the conditions of a permit granted under this title is declared to be unlawful and a public nuisance.
B. Any use, event, structure or building, whether nonconforming or otherwise, which meets any of the following criteria shall be deemed a public nuisance subject to abatement as set forth herein: disturbances of the peace, illegal drug activity including sales or possession thereof; public drunkenness, drinking in public, harassment of passers-by, gambling, prostitution, public vandalism, excessive littering, excessive noise (particularly between the hours of eleven p.m. and seven a.m.), noxious smells or fumes, curfew violations, lewd conduct or police detention, citations or arrests or any other activity declared by the City to be a public nuisance; violation of any provision of this chapter or any other City, State or Federal regulation, ordinance or statute. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.39.050 Penalty for violation.
Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating a provision of this title or failing to comply with a mandatory requirement of this title shall be guilty of a misdemeanor but may be cited or charged, at the election of the enforcing officer or City Attorney, as an infraction. Upon conviction, such person shall be punished as set forth in Chapter 1.20, Penalties. A person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punished accordingly. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.39.060 Remedies.
The remedies provided for herein shall be cumulative and not exclusive. Upon a finding of nuisance pursuant to this chapter, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the Planning and Transportation Commission or City Council may impose any remedy available at law or in equity, which shall include, but is not limited to, any of the following or combination thereof:
A. Ordering the cessation of the use in whole or in part;
B. Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing nonconforming uses;
C. Requiring continued compliance with any conditions so imposed;
D. Requiring the user to guarantee that such conditions shall in all respects be complied with; or
E. Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed. (Ord. 1438 § 4 (Exh. A (part)), 2011)
18.39.070 Nuisance abatement.
Notices of violation shall be provided and recorded and nuisances abated, according to the procedures of Chapter 1.20, Penalties. (Ord. 1438 § 4 (Exh. A (part)), 2011)