Chapter 19.14
ENFORCEMENT
Sections:
19.14.010 Provisions of this code declared to be minimum requirements.
19.14.020 Violation of code prohibited.
19.14.040 Complaints regarding violations.
19.14.050 Inspection and right of entry.
19.14.060 Abatement of violations.
19.14.010 Provisions of this code declared to be minimum requirements.
A. Minimum Requirements Intended. In their interpretation and application, the provisions of this code shall be held to be minimum requirements, adopted for the protection of the public health, safety, and general welfare.
B. Most Restrictive Requirements Apply. When the requirements of this code vary from other provisions of this code or with other applicable standards, the most restrictive or that imposing the highest standard shall govern. (Ord. 6-2001 § 1)
19.14.020 Violation of code prohibited.
No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this code or any amendment thereto. (Ord. 6-2001 § 1)
19.14.030 Penalty.
A. Class 1 Penalty. A violation of this code shall constitute a Class 1 civil infraction which shall be processed accordingly.
B. Each Violation a Separate Infraction. Each violation of a separate provision of this code shall constitute a separate infraction, and each day that a violation of this code is committed or permitted to continue shall constitute a separate infraction.
C. Abatement of Violation Required. A finding of a violation of this code shall not relieve the responsible party of the duty to abate the violation. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the city.
D. Responsible Party. If a provision of this code is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to the penalties imposed by this section. (Ord. 6-2001 § 1)
19.14.040 Complaints regarding violations.
A. Filing Written Complaint. Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a signed, written complaint.
B. File Complaint with City Manager. Such complaints, stating fully the causes and basis thereof, shall be filed with the city manager or his or her designee. The city manager shall properly record such complaints, investigate and take action thereon as provided by this code. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)
19.14.050 Inspection and right of entry.
A. Whenever any officer or employee of the city is authorized to enter any building or premises for the purpose of making an inspection to enforce any ordinance or other regulation, the officer or employee is hereby authorized to enter such building or premises at all reasonable times to inspect the same; provided, that the officer or employee shall effect entry either with consent of the person having charge or control or in the manner provided in subsection B of this section.
B. If the building or premises to be inspected is occupied, the authorized officer or employee shall first present proper credentials and demand entry. If such building or premises is unoccupied, the officer or employee shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and demand entry to the building or premises from them. If consent to entry is not given, the officer or employee shall have recourse to every remedy provided by law to secure entry. (Ord. 6-2001 § 1)
19.14.060 Abatement of violations.
Any development or use which occurs contrary to the provisions of this code or contrary to any permit or approval issued or granted under this code is unlawful, and may be abated by appropriate proceedings. (Ord. 6-2001 § 1)
19.14.070 Stop order.
A. Stop Order Issued. Whenever any work is being done in violation of the provisions of the code or a condition of any permit or other approval granted pursuant hereto, the city manager or his or her designee may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue.
B. Stop Order Hearing. The city manager shall schedule a hearing on the stop order for the earliest practicable date, if requested by the property owner, but not more than 30 days after the effectiveness of any required notice. At the discretion of the city manager such hearing may be:
1. Part of a hearing on revocation of the underlying development approval; or
2. Solely to determine whether a violation has occurred. The city manager shall hold this hearing and shall make written findings as to the violation within 30 days of issuing the stop-work order. Upon a finding of no violation, the planning commission shall require the issuance of a resume work order. Upon finding a violation, the stop-order shall continue to be effective until the violating party furnishes sufficient proof to the planning commission that the violation has been abated. The planning commission decision is subject to review as a Type III (public hearing) procedure. (Ord. 8-2021 § 1; Ord. 6-2001 § 1)