§ 30-231. Enforcement and penalties.

(a)

Any violation of any of the provisions of this article shall be punishable as provided in section 1-15 of the Code. In addition, notwithstanding the existence or pursuit of any other remedy; the city may maintain an action in its own name in any court of competent jurisdiction for an injunction or other process against any person to restrain or prevent violations of this article.

(b)

Violation. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. Any person who violates any of the provisions of this article shall be subject to one or more of the enforcement actions outlined in this section.

(c)

Enforcement. All authorized personnel under the supervision of the director shall have the power to conduct inspections, give verbal direction, issue notices of violations and implement other enforcement actions under this section.

(d)

Determination of violation. Whenever the director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this article, the director shall have the right to enter the premises at any reasonable time to determine if there exists an actual or potential violation of the requirements of this article. In the event that the owner or occupant refuses entry after a request to enter has been made, the city is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.

(e)

Abatement. In the event the violation constitutes an immediate danger to public health or public safety, the director 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/or restore the property.

(f)

Cost of abatement of the violation.

(1)

If the city abates a violation, then within ten days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs, by personal delivery or by mail to the last known address of the owner as shown in the records of the county assessor. The notice shall be effective upon the date of mailing or personal delivery. The property owner may file a written protest objecting to the amount of the assessment within ten days of the effective date of the notice.

(2)

If no protest is filed, then the charges shall become due and payable on the date set forth in the notice, which date shall be after the expiration of the time in which to file an appeal, and such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

(3)

In the event a protest is filed, a hearing on such protest shall be held before the city manager or its designee within 15 days from the date of receipt of the written protest. If any charges are upheld upon completion of such hearing, then such charges shall become due and payable ten days after the issuance of the order upon such protest and if not timely paid, such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

(4)

If the amount due is not paid within ten days of the decision of the city manager or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

(5)

All liens set forth in this section shall accrue penalty and interest at a rate equivalent to that which is assessed upon delinquent general property taxes under state law. Such lien shall have priority over all other liens except general taxes and shall, upon the city's certification and filing with Adams County, be collected and paid to the city by the county treasurer in the same manner as delinquent general property taxes.

(g)

Stop work order. Whenever the director determines that any activity is occurring which is not in compliance with the requirements of this article, the director can order the activity stopped upon service of written notice upon the responsible owner and/or operator. The owner and/or operator shall immediately stop all activity until authorized in writing by the city to proceed. If the owner and/or operator cannot be located, the notice to stop shall be posted in a conspicuous place upon the area where the activity is occurring and shall state the nature of the violation. It shall be unlawful for any owner and/or operator to fail to comply with a stop work order.

(h)

Re-inspection fees. Whenever the director determines that any activity is occurring which is not in compliance with the requirements of this article, the director may impose a re-inspection fee in accordance with the fee schedule established by resolution of the city council.

(i)

Criminal penalties; enforcement costs. It is unlawful and an offense for any person to violate or permit or cause violation of this article or of the provisions of any discharge permit issued under this article. Violators shall be punishable as provided in section 1-15 of the Code, provided, however that in addition to any other punishment there shall be imposed a fine of $1,000.00 for each violation of any provision of this article. Each day or part of a day any violation occurs or continues is a separate offense.

(j)

Violations deemed a public nuisance. Any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance. Any court of competent jurisdiction shall enjoin violations of this article, upon proof of such violations.

(k)

Remedies not exclusive. Except as expressly provided above, the remedies in this article are cumulative and the exercise of any one or more remedies shall not prejudice any other remedies that may otherwise be pursued for a violation of this article. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.

(Ord. No. 11-04, § 1, 5-3-2011; Ord. No. 12-12, § 17, 11-20-2012; Ord. No. 18-04, § 8, 4-3-2018)