[Ord. No. 374 §1, 10-21-2002; Ord. No. 445 §2, 3-21-2005]
A.
Title IV of this Municipal Code (Chapters 400 through 415), as amended, shall be referred to in this Article IV as the Land Use Code and shall be enforced by the Zoning Administrator, Building Commissioner and/or other City Official designated to enforce the City's building, zoning, subdivision, grading and other codes and regulations (hereinafter referred to as the "Code Official").
B.
The
construction, reconstruction and/or alteration of structures shall
not be undertaken and the development of land shall not be commenced
except in accordance with the provisions of this Land Use Code. No
permit or application for the construction, alteration or change of
the use of structures or land shall be approved if the proposed use
or activity would be in violation of this Land Use Code.
C.
Inspections. The Code Official is authorized to make inspections
to determine whether dwellings, dwelling units, accessory structures
and other structures and premises located within this City conform
to the requirements of this Land Use Code and any governing site plan,
development plan, site-specific ordinance passed pursuant to this
Land Use Code, conditional use permit or other permit or authorization.
For the purpose of making such inspections, the Code Official is authorized
to enter, examine and survey at all reasonable times all dwellings,
dwelling units, accessory structures and premises. In carrying out
interior inspections, the City shall first use reasonable means to
obtain applicable consent to entry of the building, structure or premises.
In the event such consent to entry is refused or cannot be obtained,
the City may apply to the Judge of the Green Park Municipal Court
and the Municipal Judge shall have authority to issue search warrants
for searches or inspections of such building, structure or premises
to determine the existence of violations of this Land Use Code.
D.
Notice Of Violation And Sanctions. If the City determines or finds that any of the provisions of this Land Use Code are being violated, the City shall notify in writing, if possible, the liable person(s) (as defined in Section 400.140(B)), indicating the nature of the violation and ordering the action necessary to correct it, provided that if the violation is a continuation of an existing violation, i.e., a violation for which the liable person(s) has already been notified within the last sixty (60) days, the City shall not be required to give any further notification.
E.
Conformance With Approved Plans And Conditions. All permits
issued on the basis of plans and/or applications approved by either
the Building Commissioner, the Zoning Administrator, the Commission
and/or the Board of Aldermen and/or other City Official shall authorize
only the use, arrangement and/or construction set forth in such approved
plans and/or applications and no other use, arrangement or construction.
F.
Stop Work Orders And Stop Use Orders. Upon determination
that there is a violation, the Code Official is authorized to issue
an order requiring the cessation of any erection, construction, reconstruction,
alteration, conversion, maintenance or use in violation of this Land
Use Code by posting a stop work or stop use notice on the premises
or by notice in writing to the owner of the property involved or to
his agents or to the person doing the work, in the case of a stop
work order, stating the nature of the violation. The Police Department
shall aid in enforcing the Land Use Code by posting stop work or stop
use notices, when requested by the City.
G.
Premises/Conditions Not Brought Into Compliance May Be Corrected/Removed. If the violations set out in a notice have not been corrected within
the specified time period after delivery of the notice, the Code Official
may enter upon the premises and remove, correct, dispose of and/or
otherwise remedy any violations of this Land Use Code. The City may
take any and all other action authorized by law to ensure compliance
with or prevent violation of the provisions of this Land Use Code.
H.
Costs To Liable Persons. The City's costs of enforcement
of the Land Use Code including administrative costs of inspections
and attorneys' fees and/or the cost of bringing the premises or condition
of land into compliance including the City's administrative costs
of inspections and attorneys' fees shall be a joint and several obligation
of all liable persons.
I.
Expenses Incurred To Be Assessed As Lien On Property. In
the event the liable person(s) fail to reimburse the City within sixty
(60) days for the cost incurred for enforcement and/or repair, correction,
removal or other remediation ordered by the Code Official, the Board
of Aldermen shall certify the charges for remediation of the violation
to the City Clerk as a special assessment represented by a special
tax bill against the real property on which the violation occurred.
The tax bill shall be a first (1st) lien upon the property and shall
be enforced to the same extent and in the same manner as all other
special tax bills. The assessment shall bear interest at the rate
of eight percent (8%) per annum until paid.
J.
No Permits To Be Issued After Failure To Bring Premises Into Compliance
Or Failure To Pay Costs. The City shall not issue any further
permits to liable persons, nor to agents or representatives of such
liable persons, who refuse or fail to, within the time allotted:
K.
Revocation Of Occupancy Permit(s). The Board of Aldermen, subject to Chapter 150 of the Municipal Code, may revoke the occupancy permits to liable persons who:
1.
Refuse or fail to, within the time allotted, bring the premises into
compliance;
2.
Refuse or fail to, within the time allotted, pay costs assessed by
the City for its actual expenses for bringing the premises into compliance;
and/or
3.
Have been cited by the City for willful violations of this Land Use
Code more than three (3) times within three (3) years prior to the
subject violation.
[Ord. No. 374 §1, 10-21-2002]
A.
Violations. Violations of this Land Use Code shall include,
but are not limited to, the following:
1.
The use, alteration or construction of structures or improvements
or the use of land or a site not in accordance with the provisions
of this Land Use Code or with the terms, conditions or restrictions
of any approved site plan, development plan or permit issued pursuant
to this Land Use Code.
2.
Failure to obtain permits as required by this Land Use Code.
3.
Failure to comply with the terms, conditions or restrictions of a
variation issued pursuant to this Land Use Code.
4.
Failure to comply with any order to remove, correct, remediate or
otherwise bring into compliance any violation of this Land Use Code
within ten (10) days of the order.
B.
Persons Liable For Violation. Those chargeable, singly or
jointly, with violations of this Land Use Code, who knowingly continue
to violate or after receiving notice of violations fail to correct
said violations, shall include, but are not limited to, the following:
1.
Those who commit, assist in or otherwise participate in violations;
2.
The owner or other persons who maintain the building, premises, property
or other place where the violation has been committed or exists;
3.
The owner's agent or person in charge of the building, premises,
property or other place where the violation has been committed or
exists;
4.
The lessee or tenant of all or part of the building, premises, property
or other place where the violation has been committed or exists; or
5.
The developer, agent, architect, contractor, subcontractor, or any
other person who performs work or enters into a contract for work
in violation of this Land Use Code.
C.
Penalties.
1.
Any liable person found guilty of violating of any provision of this
Land Use Code because it has been determined that a violation or violations
have been committed or exist shall be guilty of a misdemeanor punishable
by a fine of not less than ten dollars ($10.00) and not more than
one hundred dollars ($100.00) for each and every day that such violation
continues, but if the offense be willful on conviction thereof, the
punishment shall be a fine of not less than one hundred dollars ($100.00)
or more than two hundred fifty dollars ($250.00) for each and every
day that such violation shall continue or by imprisonment for ten
(10) days for each and every day such violation shall continue, or
by both such fine and imprisonment in the discretion of the court.
Each day a violation continues after service of the first (1st) notice
to abate such violation shall constitute a separate offense.
2.
Any liable person who having been served with an order to remove
any such violation shall fail to comply with such order within ten
(10) days after such service or shall continue to violate any provision
of this Land Use Code in the respect named in such order shall also
be subject to a civil penalty of two hundred fifty dollars ($250.00).
Each day a liable person fails to comply with any such order shall
constitute a separate offense.
3.
Any liable person found guilty of violating of any provision of this
Land Use Code shall, in addition to any other penalty, reimburse the
City for its actual costs and fees, including attorneys' fees, expended
in the enforcement of this Land Use Code.
D.
Equitable Relief And Sanctions. In addition to any other
civil or criminal penalties established or imposed for violations
of this Land Use Code, the City may apply to a court of competent
jurisdiction for such legal or equitable relief as may be necessary
to enforce compliance with or restrain or enjoin violations of the
provisions of this Land Use Code, to prevent the occupancy of buildings,
structures or land, and to prevent any illegal act, conduct, business
or use in or about such premises. As part of any judgment and order
granting equitable relief in favor of the City, the court shall award
the City its actual costs and fees, including attorneys' fees, expended
in the enforcement of this Land Use Code. The court may also grant
all other necessary and proper relief including revocation of the
occupancy permit governing the subject premises.
