Chapter 16C.04
ENFORCEMENT AND PENALTIES
Sections:
16C.04.01 Enforcement Responsibilities Generally.
16C.04.02 Enforcement Responsibilities – Chapters 16C.05.20 through 16C.05.72, Flood Hazard Permits.
16C.04.01 Enforcement Responsibilities Generally.
It shall be the duty of the Administrative Official or his designee to enforce the provisions of the Critical Areas Ordinance pertaining to all development within the jurisdiction of this title, except as expressly noted in Section 16C.04.02 below pertaining to flood hazard permits. Whenever any development is found to be in violation of this title or a development authorization issued pursuant to this title, the Administrative Official or his designee may order any work on such development stopped by serving written notice on any person engaged in the wrongdoing or causing such development to be done. The notice shall be in the form of a “Notice of Violation and/or Stop Work Order” and shall indicate corrective actions necessary to fulfill authorization conditions and/or terms of this title and the time within which such corrections shall occur, including reclamation requirements outlined in Chapter 16C.06.23. No further development shall be authorized unless and until compliance with the development authorization conditions and/or terms of this title has been achieved to the satisfaction of the Administrative Official.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.04.01), 2007).
16C.04.02 Enforcement Responsibilities – Chapters 16C.05.20 through 16C.05.72, Flood Hazard Permits.
It shall be the duty of the chief building official or his designee to enforce the provisions of Chapters 16C.05.20 through 16C.05.72. Whenever any development is found to be in violation of said chapters or a permit issued pursuant to said chapters, the Chief Building Official may order any work on such development stopped by serving written notice on any persons engaged in the doing or causing such development or substantial development to be done. Any such persons shall forthwith stop such work until authorized by the chief building official to proceed with the work.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.04.02), 2007).
16C.04.03 Penalties.
(1) Violation of the provisions of this title or failure to comply with any of its requirements constitutes a misdemeanor and a public nuisance. Any person who violates or fails to comply with any of its requirements shall, upon conviction in a court of competent jurisdiction, be fined not more than one thousand dollars or be imprisoned for not more than ninety days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense; however, no additional action will be initiated pending the disposition of any previous suit or complaint.
(2) It shall be the affirmative duty of the county prosecutor’s office to seek relief under this section for violations of this title.
(3) Nothing herein shall prevent the county prosecutor’s office from taking such other lawful action, legal and/or equitable, as is necessary to prevent or remedy any violation.
(4) In addition to any criminal proceedings brought to enforce this title and in addition to any fine or imprisonment provided for therein, continuing violations of this title may be enjoined or ordered abated in a civil proceeding for injunction or for abatement. For purposes of abatement actions, such violations are declared to be public nuisances. Any person, firm, or corporation violating the provisions of this title shall be liable for all costs of such proceedings, including reasonable attorney’s fees and expenses of abatement. The provisions of this subsection are in addition to any other remedies available at law or equity.
(Ord. 8-2021 § 2(C) (Exh. 1), 2021; Ord. 5-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 13-2007 §1 (Exh. A)(16C.04.03), 2007).