Chapter 19.100
PENALTIES, NUISANCES AND ENFORCEMENT

Sections:

19.100.010    Penalty for violation.

19.100.020    Legal proceedings by city attorney.

19.100.010 Penalty for violation.

(1) Any person or corporation, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this title or permits any such violation or fails to comply with any of the requirements thereof, or who erects, constructs, reconstructs, alters, enlarges, converts, moves, or uses any building or uses any land in violation of any detailed statements or plans submitted by him and approved under the provisions of this title, is guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $300.00. Each week’s continued violation shall constitute a separate additional violation.

(2) It is a misdemeanor to permit, tolerate, allow or otherwise engage in a prohibited use for the zone where the property is located. It is no defense that the person charged with this offense did not act intentionally, recklessly or negligently. It is the defendant’s burden of proof to establish that the use complies with all conditions of a validly granted conditional use permit or variance under this title of the Oak Harbor Municipal Code.

(3) It is a public nuisance to permit, tolerate, maintain, construct or use property in the city contrary to requirements of this zoning code.

(4) In case a building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this title, the proper legal authorities of the city of Oak Harbor, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business or use in or about such building, structure, or land. (Ord. 1555 § 32, 2009).

19.100.020 Legal proceedings by city attorney.

The city attorney, upon request of the planning director, shall institute any necessary legal proceedings to enforce the provisions of this title. (Ord. 1555 § 32, 2009).