Chapter 18.116
ENFORCEMENT
Sections:
18.116.010 Compliance with ordinance provisions.
18.116.020 Enforcement officer.
18.116.030 Issuance of permits.
18.116.070 Additional enforcement.
18.116.080 Recovery of cost of abatement.
18.116.090 Cost of enforcement action.
18.116.010 Compliance with ordinance provisions.
No structure, lot or area of land shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered except in compliance with the provisions of this title. (Ord. 889 § 19, 2000)
18.116.020 Enforcement officer.
An administrative official(s) appointed by the mayor with the consent of the city council shall have the power and duty to enforce the provisions of this title. He shall approve no plans and shall issue no permits for the construction, alteration or repair of any structure or part thereof unless plans and intended use of such structure conform in all respects with the provisions of this title. (Ord. 889 § 19, 2000)
18.116.030 Issuance of permits.
No city official(s) or employee shall issue a permit for a conditional use or a variance, or give authorization for any use that would not be in full compliance with this title. Any permit or other authorization in violation of this title shall be void without the necessity of the proceedings for revocation or nullification, and any work pursuant to any such permit or other authorization is unlawful and no action taken by any elected or appointed official of the city shall validate any such work, permit or other authorization. (Ord. 889 § 19, 2000)
18.116.040 Civil infraction.
It is unlawful for any person, firm, corporation or other organization, whether as owner, lessee, sublessee or occupant to allow, use or maintain any building, structure, premises, land or portion thereof contrary to or in violation of any provision of this title or its amendments. Each and every violation of contrary act shall constitute a civil infraction. Each civil infraction may be punished by a fine up to $500.00. There shall be an additional civil infraction for each 30-day period during which the violation continues. (Ord. 889 § 19, 2000)
18.116.050 Abatement.
All violations of this title are determined and declared to be detrimental to the public health, safety and welfare and be a public nuisance. All conditions which render any building, structure, premises, land use or portion thereof to be used or maintained in violation of this title shall be abated if provisions for their continuance made pursuant to this title are not satisfied. For the purposes of this title, “abatement of a zoning violation” is defined as the termination of any zoning violation by reasonable and lawful means in order that a building structure, premises, land use or portion thereof shall be made to comply with this title. (Ord. 889 § 19, 2000)
18.116.060 Investigation.
A. Whenever any work and/or use for which a permit is required under this title has commenced without first obtaining such permit, an investigation shall be made by the administrator before a permit may be issued for such work and/or use.
B. Within 30 days after conducting an investigation, the administrator shall forward a report containing all relevant facts to the owner of the property and file a copy in the records of the city.
C. An investigation fee shall be collected, in addition to any required permit fees, whether or not a permit is subsequently approved and issued. The investigation fee shall include all costs incurred by the city in its investigation and preparation of the investigation report, or the same as the fee for any required permits as described in subsection A of this section, whichever is the greater amount. (Ord. 889 § 19, 2000)
18.116.070 Additional enforcement.
Notwithstanding the existence or use of any remedy, the city attorney may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which may constitute or will constitute a violation of this title or any amendment to it. (Ord. 889 § 19, 2000)
18.116.080 Recovery of cost of abatement.
The cost of abatement shall be a personal obligation by virtue of the person or entity liable for such obligation by virtue of OMC 18.116.010. The city attorney, on behalf of the city of Okanogan, may collect the abatement work costs by use of all appropriate legal remedies. (Ord. 889 § 19, 2000)
18.116.090 Cost of enforcement action.
In addition to costs and disbursements provided for by statute, the prevailing party in any action or collection action under this title may, in the court’s discretion, be allowed interest and a reasonable attorney’s fee. The city attorney shall seek such costs, interest and the reasonable fees on behalf of the city when the city is the prevailing party. (Ord. 889 § 19, 2000)