Chapter 19.13
ENFORCEMENT

Sections:

19.13.010    Enforcing official – Authority.

19.13.020    Application.

19.13.030    Civil regulatory order.

19.13.040    Review of approved permits.

19.13.050    Revocation or modification of permits and approvals.

19.13.010 Enforcing official – Authority.

The administrator shall be responsible for enforcing the development regulations and may adopt administrative rules to meet that responsibility. The administrator may delegate enforcement responsibility as appropriate. (Ord. 361 § 1, 2005)

19.13.020 Application.

(1) 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 regulations.

(2) 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. 361 § 1, 2005)

19.13.030 Civil regulatory order.

(1) 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 regulations.

(2) 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.

(3) Content. A civil regulatory order shall set forth:

(a) The name and address of the person to whom it is directed.

(b) The location and specific description of the violation.

(c) A notice that the order is effective immediately upon posting at the site and/or receipt by the person to whom it is directed.

(d) An order that the violation immediately cease, or that the potential violation be avoided.

(e) An order that the person stop work until correction and/or remediation of the violation as specified in the order.

(f) A specific description of the actions required to correct, remedy, or avoid the violation, including a time limit to complete such actions.

(g) A notice that failure to comply with the regulatory order may result in further enforcement actions, including civil fines and criminal penalties.

(4) 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.

(5) Appeal. A civil regulatory order may be appealed. (Ord. 361 § 1, 2005)

19.13.040 Review of approved permits.

(1) Review. Any approval or permit issued under the authority of the development regulations may be reviewed for compliance with the requirements of the development regulations, 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.

(2) Initiation of Review. The review of an approval or permit may be initiated by the administrator, planning commission, town council or by petition to the administrator by three property owners or three residents of separate dwelling units in the town stating their belief as to the noncompliance, nuisance or hazard of the permitted activity.

(3) 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:

(a) Notify the property owner or permit holder of the investigation; and/or

(b) Issue a civil regulatory order and/or civil fine and/or recommend revocation or modification of the permit or approval; and/or

(c) Refer the matter to the town attorney; and/or

(d) Refer the matter to the town council with a recommendation for action. (Ord. 361 § 1, 2005)

19.13.050 Revocation or modification of permits and approvals.

(1) Town Council Review. Upon receiving an administrator’s recommendation for revocation or modification of a permit or approval, the town 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 regulations, or creates a nuisance or hazard, the town 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.

(2) 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 regulations. (Ord. 361 § 1, 2005)