§ 10-393. Additional enforcement actions; penalties.

(a)

In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. The following actions may be taken after a notice of violation has been issued, or may be taken without a notice of violation first being issued, as is appropriate in the judgment of the officials of the community development department to achieve the purposes of this article and protect the public health, safety and welfare.

(1)

Stop-work order. The community development department may issue a stop-work order which shall be served on the applicant or other responsible person. A stop-work order may be issued after a notice of violation or may be issued in conjunction with a notice of violation. The stop-work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth indicated in the order or notice of violation or has otherwise cured the violation or violations described therein.

a.

Stop-work orders shall affect all work being done on a project or development (including work done on other lots in the subdivision owned by the same violator). Stop-work orders stop not only the work in violation, but all other work by contractors or sub-contractors on the same property. Only work to remedy the deficiency shall be allowed until the stop-work order is lifted.

b.

A stop-work order shall be in writing and shall be given to the owner of the property, his authorized agent or the person in charge of the activity on the property, and shall state the conditions under which work may be resumed. Where an emergency or other exigent circumstances exist, no written notice shall be required, and a verbal stop-work order may be issued, with a written order to be provided within three working days.

c.

Stop-work orders may be issued on their own or in conjunction with criminal citations or civil proceedings in superior court.

(2)

Withhold building permits or certificate of occupancy. The community development department may advise the building inspections department to refuse to issue building permits or certificates of occupancy for the buildings or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

(3)

Suspension, revocation or modification of permit. The community development department may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the department may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

(4)

Civil penalties. In the event the applicant or other responsible person fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such shorter or longer period as the community development department shall deem appropriate depending on the severity of the situation (at a minimum 24 hours unless the situation is a severe emergency), the community development department may impose a penalty not to exceed $1,000.00 (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation. If unpaid, the city may seek enforcement of such penalties in superior or municipal court. Civil fines may also be sought in actions filed in superior court for injunctive relief, whether or not a notice of violation was issued.

(5)

Criminal penalties. In addition to, or in lieu of, any of the actions in subsections (a)(1) through (4) of this section, the community development department may issue a citation to the applicant or other responsible person, requiring such person to appear in municipal or superior court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed $1,000.00 or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense. The minimum fine for a violation of this article shall be $500.00. Such fines may be sought in connection with an action for injunctive relief in superior court. All persons involved in the violation, including land owners, developers, responsible parties, and persons actually conducting the activity, may be cited with violations of this article. Citations may be issued in conjunction with notices of violation and/or stop-work orders, but a notice of violation need not be issued prior to issuance of a citation.

(6)

Emergency enforcement. In the event an emergency is of such immediacy and danger that giving a 24-hours' notice of violation would threaten the public health, safety and welfare, the city is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and correct the situation. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. The city shall be authorized to recover costs of the abatement from the property owner or responsible parties.

(7)

Remedies not exclusive. The remedies listed in this section are not exclusive of any other remedies available under any applicable federal, state or local law, and the city may seek cumulative remedies.

(b)

In any action brought in municipal or superior court to enforce this article, the city shall be entitled to recover attorney's fees, court costs, and other expenses associated with enforcement of this article, including sampling and monitoring expenses.

(c)

Any person violating any of the provisions of this article shall become liable to the city by reason of such violation.

(Ord. of 8-11-2016, § 4.33)