§ 16-8. Enforcement and penalty.  


Latest version.
  • (a)

    Enforcement. It shall be a violation of this Code for any person to fail to comply with the terms or conditions of any permit or authority required or granted pursuant to this chapter. Each day of violation shall constitute a separate and individual offense. The city manager or his designee shall assign the enforcement of the provisions of this section as provided by law or by other sections of this Code.

    (b)

    Emergency. Situations where the public safety is affected are hereby defined as emergency in nature and authority is given to the city manager to take appropriate actions. At the discretion of the city manager, the city may remove or repair the construction site or improvement thereon and bill the abutting property owner, franchisee or other appropriate party for all reasonable costs associated with such emergency action. A diligent effort shall be made to contact the party in interest prior to such action, however if that person cannot be contacted or if the peril is imminent, actions reasonably necessary to protect the public shall be taken without delay.

    (c)

    [ Reserved. ]

    (d)

    Municipal lien. In the event that the city expends public funds as provided by paragraph (b) of this section as a result of the responsible parties failure to maintain the construction site or improvement in a safe manner, the city shall notify the party in interest by certified mail, return receipt requested, at the last known address of the party. This notice shall include information sufficient to identify the problem, the total costs due the city, and the time period in which that amount must be paid before the city will take further action. If after a period of thirty (30) days from the mailing of said notice, payment has not been made, the same shall be and constitute a lien upon the property in question, and the city attorney is hereby authorized to take necessary and appropriate legal action to recover the amount then due (including costs and a reasonable attorney's fee) and owing to the city.

    (Ord. No. 86-155, § 1, 11-4-86; Ord. No. 90-139, § 11, 7-3-90)

    Note— See the editor's note following § 16-7.