Title 17 ZONING
Chapter 17.88 ENFORCEMENT--INTERPRETATION
17.88.010 Administration and enforcement responsibility--Violation correction order.
17.88.020 Right of entry--Inspection warrant.
17.88.030 Permit in conflict void.
17.88.040 Deadline to challenge official action.
17.88.050 Planning commission rules.
17.88.060 Interpretation--Planning commission jurisdiction.
17.88.070 Interpretation--Minimum requirements--Map-text conflict.
17.88.080 Violation--Penalty--Involved parties.
17.88.090 Violation--Nuisance--Abatement.
17.88.010 Administration and enforcement responsibility--Violation correction order.
This title shall be administered by the planning director and jointly
enforced by the planning director and building inspector. If the planning
director finds that any provision of this title is being violated, he shall
notify in writing the person responsible for such violation indicating the
nature of the violation and ordering the action necessary to correct it. (Ord.
336 § 2.01.000, 1977).
17.88.020 Right of entry--Inspection warrant.
The planning director, the building inspector or the authorized
representative of either may, upon presentation of credentials to the occupant
or owner, enter any premises, building, or structure at any reasonable time for
the purposes of investigating and inspecting the premises, building or structure
to determine if the same are being used in compliance with the provisions of
this title. If admission or entry is refused, the city attorney shall apply to
the court to obtain an inspection warrant. (Ord. 336 § 2.01.010,
1977).
17.88.030 Permit in conflict void.
Officers and employees of the city vested with the duty or authority to
issue permits or licenses shall conform to the provisions of this title. Any
permit or license which would authorize the permittee or licensee to erect,
alter or enlarge any building or structure or to use property in any manner in
conflict with the provisions of this title, intentionally or otherwise, is null
and void. (Ord. 336 § 2.01.020, 1977).
17.88.040 Deadline to challenge official action.
Except as otherwise provided by law, any action by any person to set aside
or annul any decision by any official of the city, the planning commission, or
the council pursuant to this title shall be void unless the same is commenced
within sixty days of the final determination of the official, planning
commission or council. (Ord. 336 § 1.101.050, 1977).
17.88.050 Planning commission rules.
The planning commission shall adopt by resolution rules of operating
procedure to govern its activities. Copies of the rules shall be made available
to the public at cost. (Ord. 336 § 2.06.000, 1977).
17.88.060 Interpretation--Planning commission jurisdiction.
The planning commission shall decide any question involving the
interpretation or application of any provision of this title subject to appeal
of such decision to the council. The planning commission shall seek the advice
of the planning director and/or any concerned city department or officer before
deciding on any question of interpretation. (Ord. 336 § 2.02.000,
1977).
17.88.070 Interpretation--Minimum requirements--Map-text conflict.
In interpreting and applying the provisions of this title, they shall be
construed to be the minimum requirements for the promotion of the public safety,
health, convenience, comfort or general welfare. It is not intended by this
title to interfere with or abrogate or annul any agreements between parties;
provided, however, that where this title imposes a greater restriction upon the
use of buildings or premises, or upon the height of buildings, or requires
larger open spaces than are required by other ordinances, rules, regulations, or
by easements, covenants or agreements, the regulations of this title shall
govern. In the event of difference or conflict between the text of this title
and the official zoning maps contained in this title, the designations on the
official zoning map shall govern. (Ord. 336 § 2.02.010, 1977).
17.88.080 Violation--Penalty--Involved parties.
A. Violations of the provisions of this title or failure to comply with
any of its requirements (including violations of any conditions established in
connection with grants of variances, conditional use permits, site plans or
planned unit developments) shall constitute a misdemeanor. Any person, firm or
corporation whether as principal, agent, employee or otherwise who violates this
title or fails to comply with any of its requirements shall, upon conviction
thereof, be fined not more than five hundred dollars or imprisoned not more than
six months in the council jail, or both. Each day such violation continues shall
be considered a separate offense.
B. The owner or tenant of any building,
structure, premises or parts thereof, or any architect, builder, contractor,
agent, or other person who commits, participates in, assists in, or maintains a
violation of this title may each be found guilty of a separate offense and
suffer the penalties provided in this chapter. (Ord. 336 § 2.01.030,
1977).
17.88.090 Violation--Nuisance--Abatement.
Any building or structure erected, constructed, altered, enlarged,
converted, moved or maintained contrary to the provisions of this title and any
use of land, buildings or premises conducted, operated or maintained contrary to
the provisions of this title or contrary to a permit or variance or the terms or
conditions imposed in this title is unlawful and a public nuisance, and the
planning director or building inspector may cause to be commenced action or
proceedings for the abatement and removal and enjoinment thereof in a manner
provided by law. (Ord. 336 § 2.01.040, 1977).
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