Chapter 19.15
ENFORCEMENT AND PENALTIES
Sections:
19.15.025 Enforcement authority/responsibility.
19.15.035 Investigation and notice of violation.
19.15.050 Extension of compliance date.
19.15.055 Penalties and enforcement.
19.15.010 Purpose.
The purpose of this chapter is to provide for the enforcement of this title.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.015 Applicability.
This chapter shall be applicable to the enforcement of each and every provision of this title.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.020 Violations.
A. It is a violation of this title for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land or property within the City without first obtaining the permits or authorizations required for the use by this title.
B. It is a violation of this title for any person to use, construct, locate or demolish any structure, land or property within the City in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
C. It is a violation of this title for any person to remove or deface any sign, notice, complaint or order required by or posted in accordance with this title, Chapter 1.20 UPMC, or Chapter 1.30 UPMC.
D. It is a violation of this title for any person to misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization.
E. It is a violation of this title for any person to fail to comply with the requirements, provisions, standards, criteria or processes of this title, regardless of whether or not a permit is required.
(Ord. 688 § 1 (Exhs. A, E), 2017; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.025 Enforcement authority/responsibility.
It shall be the duty of the Director to enforce the provisions of this title. The Director may call upon the Police Department or another City department to assist in the enforcement of this title.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 423 § 59, 2004; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.030 Right of entry.
Upon proper presentation of credentials, the Director or duly authorized representative may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by this code.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.035 Investigation and notice of violation.
A. The Director or his representative may investigate any structure or use which the Director reasonably believes does not comply with the standards and requirements of this title.
B. If, after investigation, the Director determines that this title has been violated, the Director may seek compliance and serve a notice of violation or issue a notice of civil infraction on the owner, tenant or other person responsible for the condition that violates this title and may otherwise enforce this title, pursuant to this chapter; UPMC 19.15.045, Emergency order; Chapter 1.20 UPMC, Enforcement; Chapter 1.30 UPMC, Civil (Nontraffic) Infractions; and Chapter 9.35 UPMC, Public Nuisances.
(Ord. 688 § 1 (Exhs. A, E), 2017; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.040 Stop work orders.
Whenever a continuing violation of this title will materially impair the Director’s ability to secure compliance with this title, or when the continuing violation threatens the health or safety of the public, the Director may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. A failure to comply with a stop work order shall constitute a violation of this title.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.045 Emergency order.
A. Whenever any use or activity in violation of this title threatens the health and safety of the occupants of the premises or any member of the public, the Director may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an emergency order shall constitute a violation of this title.
B. Any condition described in the emergency order which is not corrected within the time specified is hereby declared to be a public nuisance, and the Director is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or person responsible, or both, in the manner provided by law.
C. Enforcement authority given the Director under this chapter is in addition to any authority granted under Chapter 1.20 UPMC, Enforcement; Chapter 1.30 UPMC, Civil (Nontraffic) Infractions; and Chapter 9.35 UPMC, Public Nuisances.
(Ord. 688 § 1 (Exhs. A, E), 2017; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.050 Extension of compliance date.
A. The Director may grant an extension of time for compliance with any notice or order, whether pending or final, upon the Director’s finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension.
B. An extension of time may be revoked by the Director if it is shown that the conditions at the time the extension was granted have changed, if the Director determines that a party is not performing corrective actions as agreed, or if the extension creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date.
(Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.055 Penalties and enforcement.
A. Criminal Penalties. Any person, association, firm, partnership, or corporation that violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be penalized as provided in Chapter 1.15 UPMC.
B. Civil Penalties. In addition to any criminal penalties, any person who fails to comply with the provisions of this chapter shall be subject to a civil penalty in accordance with Chapter 1.15 UPMC.
C. Other Legal Remedies. Nothing in this chapter limits the right of the City to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this chapter.
D. Enforcement action by the City shall be in accordance with Chapter 1.20 and/or 1.30 UPMC at the City’s discretion.
(Ord. 688 § 1 (Exhs. A, E), 2017; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).
19.15.060 Additional relief.
The Director may seek legal or equitable relief to enjoin any acts or practices and restore or abate any condition which constitutes or will constitute a violation of this title when civil or criminal penalties are inadequate to effect compliance. The Director may bring such an action under this chapter; Chapter 1.20 UPMC, Enforcement; Chapter 1.30 UPMC, Civil (Nontraffic) Infractions; Chapter 9.35 UPMC, Public Nuisances; or under the common law or any applicable Federal or State law or City ordinance.
(Ord. 688 § 1 (Exhs. A, E), 2017; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).