Chapter 18.195
ENFORCEMENT
Sections:
18.195.010 Enforcement and review.
18.195.030 Enforcement procedures.
18.195.040 Penalties and remedies.
18.195.010 Enforcement and review.
Whenever the administrator receives a written and signed complaint alleging a violation of this title, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken. [Ord. 508 § 9.15.0, 1982].
18.195.020 Persons liable.
The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this title may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided. [Ord. 508 § 9.15.1, 1982].
18.195.030 Enforcement procedures.
(1) If the administrator finds that any provision of this title is being violated, he shall mail written notice to the person responsible for such violation, indicating the nature of the violation, ordering the action necessary to correct it and the time limit in which action must be taken. Additional written notices may be sent at the administrator’s discretion.
(2) The final written notice (the initial written notice may be the final notice) shall state what action the administrator intends to take if the violation is not corrected and shall advise that the administrator’s decision or order may be appealed in accordance with Chapter 18.190 MCMC.
(3) Notwithstanding the foregoing, in cases where delay would seriously threaten the effective enforcement of this title or pose a danger to the public health, safety, or welfare, the administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in MCMC 18.195.040. [Ord. 508 § 9.15.2, 1982].
18.195.040 Penalties and remedies.
(1) A violation of this title or failure to comply with any of its requirements, including conditions established in connection with grants of variances, conditional use permits and other permits regulated herein, shall constitute a misdemeanor, punishable by a fine of up to $50.00, or a maximum 30 days’ imprisonment, or both.
(2) Any act constituting a violation of the provisions of this title or a failure to comply with any of its requirements, including conditions established in connection with the granting of a permit or variance, shall also subject the offender to a civil penalty of $25.00. If the offender fails to pay this penalty within 10 days after being cited for a violation, the penalty may be recovered by the city in a civil action in the nature of debt. A civil penalty may not be appealed if the offender was sent a final notice of violation in accordance with MCMC 18.195.030 and did not take an appeal (as provided by Chapter 18.190 MCMC) within the prescribed time.
(3) This chapter may also be enforced by any appropriate equitable action, including declaring the building or land thus in violation a nuisance or instituting injunction, mandamus, abatement or other appropriate proceedings to prevent or remove the unlawful use.
(4) Each day that any violation continues after notification by the administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.
(5) Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this title. [Ord. 508 § 9.15.3, 1982].
18.195.050 Permit revocation.
(1) Planning clearance for variances, conditional use permits, sign permits, fence permits and all other permits regulated by this title (hereinafter called “permits”) may be revoked by the permit-issuing authority if the permit recipient fails to develop or maintain the property in accordance with the plans submitted or in accordance with the requirements of this title or any additional requirements or conditions lawfully imposed by the planning commission or city council.
(2) Before a permit may be revoked, the administrator shall give the permit recipient 10 days of notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his right to obtain an informal hearing on the allegations. If a hearing is requested, notice shall be given in accordance with MCMC 18.185.210.
(a) The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in subsection (1) of this section shall be upon the party advocating that position. The burden of persuasion shall also be upon that party; and
(b) A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion, and the administrator shall provide to the permittee a written statement of the decision and the reasons therefor.
(3) No person may continue to make use of land or buildings in the manner authorized by permit after such permit has been revoked in accordance with this section. [Ord. 508 § 9.15.4, 1982].