§ 2-323. Remedies and penalties.

(a)

General. The city may use any combination of the following remedies and enforcement powers to administer and enforce this Code.

(b)

Civil remedies and penalties.

(1)

Issuance of stop work order. Whenever a building or structure is being constructed, demolished, renovated, altered or repaired in violation of any applicable provision of this Code, city staff may issue a stop work order. The stop work order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation, and the action(s) necessary to lawfully resume work.

(2)

Revocation of development order. City staff may revoke any development order by written notice to the holder when false statements or misrepresentations were made in securing the development order, work is or has been done in substantial departure from the approved plan or conditions, there has been a failure to comply with the requirements of this Code, or a development order has been mistakenly issued in violation of this Code. Prior to revocation of a development order, city staff shall provide written notice to the holder of the development order outlining the basis for the revocation and the corrective action that is required to prevent revocation. The city's staff decision to revoke a development order can be appealed to the city's special magistrate.

(3)

Denial or withholding of related authorization.

a.

The city may deny or withhold authorization to use or develop any land, structure or improvement until a violation related to such land, structure or improvement is corrected and any associated civil penalty is paid.

b.

Unless necessary for purposes of correcting a violation of this Code or to avoid imminent peril to life or property, no officer, official, agent, employee or board of the city shall approve, grant, or issue any development order for any person where:

(i)

The property that is the subject of the requested development order is the site of an uncorrected violation of any provision of this Code, or an unpaid code enforcement, correction or abatement lien; or

(ii)

The applicant for the development order has any unpaid civil penalty or costs arising from a code enforcement action regarding the real property that is the subject of the request.

c.

Appeal of any denial or refusal to act pursuant to this subsection (3) shall be to the city's special magistrate.

(4)

Citation and civil penalties . A fine shall be assessed for violation of this Code as allowed in this article and Chapter 10.

(5)

Injunction . When a violation occurs, the city may, either before or after the initiation of other authorized actions, apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question.

(6)

Order of abatement .

a.

In addition to an injunction, the city may apply for and the court may enter an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:

(i)

That buildings or other structure on the land be closed, demolished or removed;

(ii)

That fixtures, furniture, or other moveable property be moved or removed entirely;

(iii)

That improvements, alterations, modifications; or repairs be made;

(iv)

That removed trees be replaced; or

(v)

That any other action be taken as necessary and shall have a lien on the property for the cost of executing the order.

(7)

Equitable remedy. The city may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this Code. The fact that other remedies are provided under general law or this Code shall not be used by a violator as a defense to the city's application for equitable relief.

(8)

[Additional remedies.] In addition to the above remedies, the city can seek an order from the special master pursuant to section 2-299 (special masters) to take the necessary action to remedy the code violation(s) or seek a city council determination of dangerous structure and order of removal pursuant to chapter 5 (building, housing and structure regulations), article X (dangerous structures). The city further retains and has the right to pursue any and all other legal remedies to enforce Code violations and remedy Code violations even if not specifically identified herein.

(c)

Misdemeanor penalties . Any person violating any of the provisions of this Code or who fails to abide by or obey all orders and resolutions promulgated as herein provide, shall be subject to arrest for a municipal ordinance violation, and shall be subject to the same penalties as a second degree misdemeanor.

(d)

Cumulative remedies and penalties . The remedies and penalties provided for violations of this Code, whether civil or criminal, shall be cumulative and in addition to any other remedy or penalty provided by law, and may be exercised in any order.

(Ord. No. 15-09 , § 1, 12-8-2015; Ord. No. 18-02 , § 1, 2-27-18)