Chapter 17.84
ADMINISTRATION AND ENFORCEMENT
Sections:
17.84.010 Administration and enforcement.
17.84.020 Interpretation and application.
17.84.030 Building permits required.
17.84.040 Permit applications, generally.
17.84.060 Schedule of fees, charges and expenses.
17.84.070 Complaints regarding violations.
17.84.080 Penalties for violations.
17.84.010 Administration and enforcement.
A. An administrative official designated or appointed by the mayor shall administer and enforce this title. In the absence of a designation or appointment of an administrator by the mayor, the city clerk-treasurer shall serve as the administrator until such time as an administrator is designated or appointed by the mayor. The administrator may be provided with the assistance of such other persons as the mayor may authorize or direct.
B. If the administrative official shall find that any of the provisions of this title are being violated, the administrator shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The administrator shall order discontinuance of any illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this title to insure compliance with or to prevent violation of its provisions. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)
17.84.020 Interpretation and application.
A. In interpreting and applying the provisions of this title, each provision shall be held to be the minimum requirements for promotion of health, safety and general welfare to the public. Therefore, when the provisions of this title impose a greater restriction upon the use of buildings and premises or upon the height of buildings and structures, or require larger open spaces that are imposed or required by other laws, ordinances, codes, easements, regulations or covenants, the provisions of this title shall control.
B. With the exception of appeals or interpretations of permits or other matters delegated or assigned for review by the city hearing examiner, the city planning commission may review and make recommendations on any questions regarding the proper interpretation or application of the provisions of this title that may be requested by any property owner, tenant, government officer, department, board or commission affected. If the planning commission undertakes such review, within thirty days following the planning commission’s completion of its review, the planning commission shall prepare findings, conclusions and a recommended decision and provide the same to the city council. The city council shall review the planning commission’s recommendation and make a final determination on any questions involving the proper interpretation or application of the provisions of this title. The council’s decision shall be in keeping with the spirit and intent of this title and of the city’s comprehensive land use plan.
C. The city council shall prepare written findings of fact for all rulings made pursuant to this section and a record of said rulings and findings shall be kept as a guide for future administrations. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)
17.84.030 Building permits required.
No building or other structure shall be erected, moved, added to or structurally altered without a permit thereof, issued by the city building official. No building permits shall be issued except in conformity with the provisions of this title and no building permit will be issued to construct a building unless sufficient evidence is produced indicating that the building permit applies to a legally created lot. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)
17.84.040 Permit applications, generally.
A. Applications for land use permits required by this title shall be made on forms provided as set forth in Section 19.02.020 and, in addition, shall be accompanied by the following:
1. Plans in duplicate unless otherwise specified, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and location(s) on the lot(s) of buildings already existing, if any; and the location and dimensions of the proposed building(s) or alteration(s); and
2. Other information as lawfully may be required by the zoning administrator, hearing examiner, and/or this title, including existing or proposed buildings or alterations; existing or proposed uses of the building and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; landscaping plans for commercial uses or multifamily dwellings; conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and provide for the enforcement of, this title.
B. Use or arrangement of land or construction at variance with that shown and authorized in the submitted building plans shall be deemed a violation of this title and shall be punishable as provided in this chapter. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)
17.84.050 Permit processing.
Permits shall be processed in accordance with Title 19. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)
17.84.060 Schedule of fees, charges and expenses.
Applicants for appeals, variances, conditional use permits, and other matters pertaining to this title shall pay application fees, as established from time to time by resolution of the city council, with the submittal of their application. No application shall be accepted except when accompanied by the designated fee. Amounts of such fees will be determined from time to time by resolution of the city council. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)
17.84.070 Complaints regarding violations.
Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the administrator. The administrator shall record properly such complaint, immediately investigate, and within ninety days shall take action thereon as provided by this title. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)
17.84.080 Penalties for violations.
A. Violation of the provisions of this title or failure to comply with any of its requirements shall constitute a civil infraction. Any person who violates this title or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars, and in addition shall pay all costs and expenses involved in the case. Upon the decision of the court, each day of such violation may be counted as a separate violation.
B. Every violation of this title shall be a separate and distinct offense, and in case of continuing violation, every day’s continuance thereof shall be deemed to be a separate and distinct civil infraction offense. The existence of a civil infraction remedy, or the pendency of a civil infraction proceeding, under provisions of this title, shall not be construed to affect the right of the city to proceed through its proper officers with the enforcement of the provisions hereof by civil proceedings whether at law or equity in any court of competent jurisdiction. (Ord. 663 § 1 (Exh. A) (part), 2016: Ord. 475 § 1 (part), 1996)