Chapter 14.13
ENFORCEMENT
Sections:
14.13.010 Enforcing official – Authority.
14.13.040 Civil regulatory order.
14.13.060 Review of approved permits.
14.13.070 Revocation or modification of permits and approvals.
14.13.010 Enforcing official – Authority.
The administrator(s) shall be responsible for enforcing GMC Titles 14 through 18 and may adopt administrative rules to meet that responsibility. The administrator may delegate enforcement responsibility to other staff as appropriate. (Ord. 1450 § 1, 1996).
14.13.020 General penalty.
Compliance with the requirements of GMC Titles 14 through 18 shall be mandatory. The general penalties and remedies established in Chapter 1.16 GMC, 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. 1450 § 1, 1996).
14.13.030 Application.
A. Actions under this chapter may be taken in any order deemed necessary or desirable by the administrator 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 upon which the violation exists. An enforcement action under this chapter shall not relieve or prevent enforcement against any other responsible person. (Ord. 1450 § 1, 1996).
14.13.040 Civil regulatory order.
A. Authority. A civil regulatory order may be issued and served upon a person 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 administrator 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 in accordance with GMC 14.11.010. (Ord. 1450 § 1, 1996).
14.13.050 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 shall be subject to a civil fine.
B. Amount. The civil fine assessed shall not exceed $1,000 for each violation. Each separate day, event, action or occurrence shall constitute a separate violation.
C. Notice. A civil fine shall be imposed by a written notice, and shall be effective when served or posted as set forth in GMC 14.13.040(B). The notice shall describe the date, nature, location and act(s) comprising the violation, the amount of the fine, and the authority under which the fine has been issued.
D. Collection. Civil fines shall be immediately due and payable upon issuance and receipt of the notice. The administrator may issue a regulatory order stopping work until such fine is paid. If remission or appeal of the fine is sought, the fine shall be due and payable upon issuance of a final decision. If a fine remains unpaid 30 days after it becomes due and payable, the administrator may take actions necessary to recover the fine. Civil fines shall be paid into the city’s general fund.
E. Application for Remission. Any person incurring a civil fine may, within 10 days of receipt of the notice, apply in writing to the administrator for remission of the fine. The administrator shall issue a decision on the application within 10 days. A fine may be remitted only upon a demonstration of extraordinary circumstances.
F. Appeal. A civil fine may be appealed to the city council as set forth in GMC 14.11.010. (Ord. 1450 § 1, 1996).
14.13.060 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 stating the initiators belief, in writing, as to the noncompliance, nuisance or hazard of the permitted activity.
C. Administrator’s Investigation. Upon receipt of information indicating the need for, or upon receiving a request for, review of permit or approval, the administrator 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. Notify the initiator of action or findings. (Ord. 1450 § 1, 1996).
14.13.070 Revocation or modification of permits and approvals.
A. 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. 1450 § 1, 1996).