§ 20.1. Administration.

1.

The city manager shall designate the building inspector or other officials to be charged with the duty of administering the provisions of this zoning ordinance and securing compliance therewith. The building inspector in the furtherance of his responsibilities shall:

a.

Make such inspections as may be necessary to effectuate the purpose and intent of this ordinance and to initiate appropriate action to bring about compliance with this ordinance if such inspection discloses any instance of noncompliance.

b.

Investigate thoroughly any complaints of alleged violations of this ordinance, and indicate clearly in writing as a public record in his office the disposition made of such complaint.

c.

Order in writing as set out below the remedy of all conditions or violations of the ordinance found to exist in or on any premises.

d.

State in the violation order a time limit for complaints herewith as hereinafter set out.

e.

Request the assistance of the city attorney in taking appropriate legal action upon the failure of the responsible party to comply with such violation order within the time specified therein.

2.

Whenever the building inspector determines that a violation of this ordinance exists, he shall take action as follows:

a.

Give written notice of the violation to the occupant and the owner shown on the most recent tax roll of the city, and to the holder of the certificate of occupancy if different from both the occupant or owner.

b.

The notice shall include:

1.

A description of the location of the property involved, either by street address or by legal description;

2.

A statement indicating the nature of the violation and reason or reasons why the notice of violation is issued;

3.

A specification of the section or sections of this ordinance upon which the notice of violation is based;

4.

A general description of the things that are required to be done in order that the premises comply with the provisions of this ordinance;

5.

A statement showing the time within which the work must be accomplished in order to comply with the provisions of this ordinance, which requirement as to time may not be less than ten days nor more than 90 days from the date of such written notice;

6.

The name or names of the persons upon whom the notice of violation is served;

7.

A statement advising that, upon the failure to comply with the requirements of the notice, the city shall take such enforcement procedures as may be required under this ordinance in order to secure compliance and to punish for continued violation;

8.

A statement advising of the procedures available for review of the action of the building inspector as set out in this ordinance.

c.

Issuance of the notice:

1.

Service of the written notice required by this ordinance shall be deemed complete if personally delivered to the person or persons required under the provisions of this ordinance to be served with such notice, and if the same cannot be personally delivered within the city, then service shall be deemed complete upon sending same by certified mail, return receipt requested, to the last known address of such person or persons and by posting a copy of such notice in a conspicuous place on the premises.

2.

The building inspector shall endorse on the copy of the written notice forwarded to the city manager the manner of service of the notice or notices as are hereby required.

3.

When any written notice of violation shall become an order, either because a petition for review of the decision of the building inspector has [not] been taken or because such petition for review has been taken and the decision of the enforcing official has not been reversed, then such order shall be executed by the building inspector.

4.

If such order is not complied with within the time specified in the order, then the building inspector shall use all available means of enforcement in order to secure compliance.

3.

Revocation of certificate of occupancy.

a.

When any notice has been issued and such notice becomes an order within the terms of this ordinance, the certificate of occupancy shall be automatically revoked as to those premises covered by such order.

b.

It shall be unlawful for any person to occupy or use any premises as to which the certificate of occupancy has been revoked, except that use is permitted in the process of restoring and bringing about compliance with the ordinance. Any person convicted of violating this provision shall be punished as provided in section 21.3 [21.2]. Each day such violation continues shall constitute a separate offense.

(Ord. No. O-30-98, § I, 10-26-98)