A. Approvals and permits required. Approvals and permits required. No person shall commence excavation for, construction of, or demolition of any
building, structure, or
parking area, or make structural changes in any existing
building or
structure, without first obtaining the required approval(s) and permit(s) from the
approving authority or authorities. All construction shall be in compliance with the provisions of
UDO, the approved
site plan, and
Chapter 6: Buildings and
Chapter 14: Housing,
ARTICLE II: Housing-Property Maintenance Code, of the Code of Ordinances, as well as any additional applicable provisions.
B. Notice of violation. When a violation of the
Unified Development Ordinance (UDO) is found, notice of the violation shall be provided as follows:
1. Service. Notice of violation shall be served upon the owner of record, provided that such notice shall be deemed to be properly served upon such owner if a copy thereof is delivered to him or her personally, or if he or she is not found, by leaving a copy thereof at his or her usual place of abode with a person of suitable age and discretion, who shall be informed of the contents thereof, or by sending a copy thereof by mail to his or her last known address, or, if the letter with the copy is returned showing it has not been delivered to him or her, by posting a copy thereof in a conspicuous place or on or about the structure affected by the notice.
2. Contents. Whenever the enforcing officer determines that there has been or is a violation, or that there are reasonable grounds to believe that there has been or is a violation of any provision of the Unified Development Ordinance (UDO), he or she shall give notice of such violation or alleged violation to the person responsible therefor. Such notice shall:
a. Be in writing;
b. Include a description of the real estate sufficient for identification;
c. Specify the violation which exists and the remedial action required; and
d. Allow a reasonable time for the performance of any act it requires.
3. Noncompliance; legal action or proceeding. In case any notice of violation is not complied with within the time set forth in the notice, the enforcing officer may issue a citation or pursue appropriate legal action against the person responsible for the violation, ordering him or her to:
a. Restrain, correct or remove the violation or refrain from any further execution of work;
b. Restrain or correct the erection, installation or alteration of such building;
c. Require the removal of work in violation;
d. Prevent the occupation or use of the building, structure or part thereof erected, constructed, installed or altered in violation of, or not in compliance with, the provisions of the Unified Development Ordinance (UDO), or in violation of a plan or specification under which an approval, permit or certificate was issued;
e. Comply with the penalty provisions of UDO; or
f. Pay the attorney fees and costs incurred by the City with respect to the action or proceeding at law or in equity and the administrative expense incurred by the City in efforts to enforce the notice of violation.
C. Violations declared to be a nuisance, unlawful, an offense, or a misdemeanor. A violation of any provision of
UDO or the Code of Ordinances is hereby declared to be a nuisance per se. In addition, any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with any of the provision of
UDO, Chapter
39, shall be punished as follows:
1. Civil infraction. Violations of any provision, section or article in Chapter
39 shall be deemed a Class II civil infraction except for those specifically listed in Subsection C2, below. All civil infractions shall be subject to fines and penalties as provided in Article
XVII, Municipal Civil Infractions, (Sections
2-113 through
2-120) of the Code of Ordinances.
2. Misdemeanor. Violations of the following provisions shall be deemed a misdemeanor as provided in Chapter
1, Section 10, General Penalty:
D. Continuance. Each act of violation and each day upon which such a violation occurs shall constitute a separate violation.
