Chapter 14.07
ENFORCEMENT
Sections:
14.07.030 Civil regulatory order.
14.07.050 Review of approved permits.
14.07.060 Revocation or modification of permits and approvals.
14.07.010 General penalty.
Compliance with the requirements of AHMC Titles 14 through 18 shall be mandatory. The general penalties and remedies established in Chapter 1.16 AHMC for such violations shall apply to any violation of those titles. The enforcement actions authorized under this chapter shall be supplemental to those general penalties and remedies. (Ord. C-661 § 44, 2007)
14.07.020 Application.
A. Actions under this chapter may be taken as necessary or desirable by the Director or his/her designee to achieve the purpose of this chapter or of the development code.
B. Proof of a violation of a development permit or approval shall constitute prima facie evidence that the violation is that of the applicant and/or owner of the property where the violation exists. An enforcement action under this chapter shall not relieve or prevent enforcement against any other responsible person. (Ord. C-661 § 45, 2007)
14.07.030 Civil regulatory order.
A. Authority. A civil regulatory order may be issued and served if any activity by or at the direction of that person is, has been, or may be taken in violation of the development code.
B. Notice. A civil regulatory order shall be deemed served and shall be effective when posted at the location of the violation and/or delivered to any suitable person at the location and/or delivered by mail or otherwise to the owner or other person having responsibility for the location.
C. Content. A civil regulatory order shall set forth:
1. The name and address of the person to whom it is directed;
2. The location and specific description of the violation;
3. A notice that the order is effective immediately upon posting at the site and/or receipt by the person to whom it is directed;
4. An order that the violation immediately cease, or that the potential violation be avoided;
5. An order that the person stop work until correction and/or remediation of the violation as specified in the order;
6. A specific description of the actions required to correct, remedy, or avoid the violation, including a time limit to complete such actions;
7. A notice that failure to comply with the regulatory order may result in further enforcement actions, including civil fines and criminal penalties.
D. Remedial Action. The Director or his/her designee may require any action reasonably calculated to correct or avoid the violation, including but not limited to replacement, repair, supplementation, revegetation, or restoration.
E. Appeal. A civil regulatory order may be appealed to the Hearing Examiner. (Ord. C-661 § 46, 2007)
14.07.040 Civil fines.
A. Authority. A person who violates any provision of the development code, or who fails to obtain any necessary permit, or who fails to comply with a civil regulatory order may be subject to a civil fine as set forth in AHMC 1.16.020.
B. Amount. The civil fine assessed shall not exceed the dollar limit specified by City ordinance for each violation. Each separate day, event, action or occurrence shall constitute a separate violation. (Ord. C-661 § 47, 2007)
14.07.050 Review of approved permits.
A. Review. Any approval or permit issued under the authority of the development code may be reviewed for compliance with the requirements of the development code, or to determine if the action is creating a nuisance or hazard, has been abandoned, or the approval or permit was obtained by fraud or deception.
B. Initiation of Review. The review of an approval or permit may be initiated by the City Manager, City Council or by petition of three property owners or three residents of separate dwelling units in the City, stating their belief as to the noncompliance, nuisance, or hazard of the permitted activity.
C. Director or His/Her Designee’s Investigation. Upon receipt of information indicating the need for or upon receiving a request for review of permit or approval, the Director or his/her designee shall investigate the matter and take one or more of the following actions:
1. Notify the property owner or permit holder of the investigation; and/or
2. Issue a civil regulatory order and/or civil fine and/or recommend revocation or modification of the permit or approval; and/or
3. Refer the matter to the City Attorney; and/or
4. Refer the matter to the City Council with a recommendation for action. (Ord. C-661 § 48, 2007)
14.07.060 Revocation or modification of permits and approvals.
A. Upon receiving a recommendation for revocation or modification of a permit or approval, the City Council shall review the matter at a public hearing. Upon a finding that the activity does not comply with the conditions of approval or the provisions of the development code, or creates a nuisance or hazard, the City Council may delete, modify or impose such conditions on the permit or approval it deems sufficient to remedy the deficiencies. If the Council finds no reasonable conditions which would remedy the deficiencies, the permit or approval shall be revoked and the activity allowed by the permit or approval shall cease.
B. Reapplication. If a permit or approval is revoked for fraud or deception, no similar application shall be accepted for a period of one year from the date of final action and appeal, if any. If a permit or approval is revoked for any other reason, another application may be submitted subject to all of the requirements of the development code. (Ord. C-661 § 49, 2007)