§ 32-232. Penalties and injunctive relief

(a) Enforcement activities. Employees of the city are authorized to file complaints in the municipal court for violations of this chapter and to bring to the attention of the city attorney, and any other appropriate authority, any violations or lack of compliance with these regulations. Any department, agency, employee or enforcement officer of the city having information regarding an alleged violation to this chapter, shall report that information to the chief enforcement officer or department designated by the city manager to assist in the enforcement of these requirements.

(b) Right to enter. The authorized official shall have the right to enter upon any property or premises at any reasonable time for the purpose of making inspections of property or improvement that may be necessary to carry out the duties in the enforcement of this chapter. Submittal of any application that authorizes construction of structures or improvements shall be construed as a grant of authority to the responsible official to enter on land subject to the application for purposes of enforcing the approved permit.

(c) General remedies. If the land is used or developed or if any building or structure is erected or constructed, in violation of this chapter or any application approved hereunder, in addition to other remedies, the city may institute any appropriate action or proceedings to prevent or abate such activity. Appropriate action or proceedings include termination of utility services (water, gas, electric); revocation of permits, licenses, or bonds; and institution of legal action in a court of competent jurisdiction.

(d) Authorization of city attorney. The city attorney is authorized to file and prosecute an action at law or in equity, where permitted under the laws of the state, in a court of competent jurisdiction to enforce the provisions of this chapter. The initiation of one form of enforcement action by the city attorney will not preclude the city attorney from initiating any other form of enforcement action.

(e) Fines and penalties.

(1) Any person found to be violating this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine as provided by section 1-10 of this Code.

(2) Each calendar day such violation continues shall be considered a separate offense.

(3) The owner or owners of any building or premises or part thereof, where anything in violation of this chapter shall be placed or shall exist, any architect, builder, contractor, agent, persons or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided.

(4) Civil enforcement. Nothing herein contained shall prevent the city from taking any other lawful action necessary to prevent or remedy any violation. Appropriate actions and proceedings may be taken by the city in law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation and to prevent illegal occupancy of a building structure or premises. These remedies shall be in addition to the penalties described in this chapter.

(5) It is further the intent and declared purpose of this chapter that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time that the previous regulations were repealed and this chapter adopted shall be discharged or affected by such repeal, but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted, and causes presently in process may be prosecuted in all respects as if such previous regulations had not been repealed.

(Ord. No. 549, § 10.283, 12-22-2009; Ord. No. 619, § II(K), 9-10-2013)