Columbia Violations, enforcement, and penalties ordinance (§ 29-6.6)

The provisions of this chapter shall be administered and enforced by the director.

(a) Violations. It shall be a violation of this chapter to:

(1) Use any land or structure for a purpose or in a manner not permitted by this chapter, or without any permits or approvals required from the city before commencing that use of land or structure;

(2) Subdivide any land whether through deed, survey, or other means, without compliance with the requirements of this chapter;

(3) Expand, redevelop, or renovate any area of land or structure for which a permit or approval is required by this chapter without first obtaining those permits and approvals;

(4) Operate any business or land use for which the city or the state or federal government requires a license, permit, or approval, without first obtaining those permits and approvals;

(5) Park a motor vehicle in the residential yard in violation of section 29-4.3(f)(3) and fail to remove it within two (2) business days after notice from the city to do so, unless the property owner has first obtained a temporary permit for such parking under section 29-6.4(h);

(6) Improve land or construct or modify structures in a manner that does not comply with any permits, approvals, or development plans, or that does not comply with any conditions on such permits, approvals, or development plans approved pursuant to this chapter;

(7) Use land or construct or modify structures in any PD district in a manner that is inconsistent with the statement of intent for that zoning district;

(8) Obtain any permit or approval required under this chapter based on false statements or misrepresentation of facts in any application, documents, correspondence, testimony, or verbal communications with the city;

(9) Continue a land use or construction, modification, use, or occupancy of a land or structures after the city has suspended a permit or approval or issued a stop work order, until the city reinstates the permit or approval or withdraws the stop work order;

(10)

Fail to install improvements required by this chapter or by an agreement between the city and the property owner or subdivider by the times required by this chapter or the agreement; and

(11) Take any other act that is prohibited by this chapter, or fail to act when that act is required by this chapter.

(b) Enforcement.

(1) In order to enforce compliance with this chapter, the director, the director of housing and neighborhood services, and the director of public works, as applicable, are empowered to take the following actions:

(i) Cause a building or premises to be inspected for violations of this chapter, with such inspection occurring during normal business hours unless there is an imminent threat to public health or safety;

(ii) Order in writing that the owner or occupant of the property on which a violation of this chapter is found correct that violation within a reasonable time;

(iii) Take action to prevent or to stop any use of land or structures, construction or repair of structures, or any division of land that constitutes a violation of this chapter, and/or to prevent the occupancy of the land or structure on which or in which the violation has occurred;

(iv) Revoke or suspend any permit or approval obtained through a false statement or misrepresentation of fact, or if the permit holder fails to comply with the terms or conditions of the permit or approval, with reinstatement of the permit or approval to occur only after the violation of this chapter has been remedied;

(v) Refuse to issue any permit or approval, including but not limited to a building permit or certificate of occupancy, for any land use or structure that would violate this chapter, or that contains an existing violation of this chapter that has not been remedied after notice from the city;

(vi) Remove any unlawful signs on street rights-of-way and property owned by the city;

(vii) Authorize the city's legal officers to file a lawsuit or court proceeding to require compliance with this chapter and/or correction of any violation of this chapter or to require performance of claim damages for any failure to perform duties required by an agreement between the city and a property owner or subdivider related to a permit or approval under this chapter;

(viii) Bring an action to require the owner of any property designated as a landmark or located in a landmark district who performs work in violation of this chapter or the requirements of section 29-2.3(c) to return the landmark or property to its appearance and setting prior to the violation, to the greatest extent practicable, and to impose a "demolition without a permit fee" under chapter 6 of the City Code; and (ix)

Take any action permitted by state law or the city's charter to abate a violation of this chapter that constitutes a nuisance, including without limitation taking those actions listed in sections 12A-201 through 12A-207 (nuisances).

(2) The enforcement actions set forth in subsection (1) above are cumulative and not exclusive. The city may pursue any available civil remedies, in any order, and may pursue more than one remedy at a time, and the city's choice to pursue one type of enforcement does not limit its ability to pursue different or additional enforcement actions until the violation has been corrected.

(3) Any decision by the director or the director of public works to pursue any of the enforcement actions listed in subsection (1) (except orders for inspection, removal of signs on public rights-ofway and city owned property, and decisions to file an action in court) may be appealed by the board pursuant to section 29-6.3(f) if filed within ten (10) days after notice of that decision. A timely appeal suspends the enforcement action pending the outcome of the appeal.

(c) Penalties.

(1) Generally. The following provisions apply to all violations of this chapter unless an alternative penalty for a specific type of violation is listed in subsection (c)(2) below:

(i) The owner or general agent of a building or premises where a violation of this chapter has occurred, or the lessees or tenant of an entire building or entire premises where such violation has occurred, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation occurred, or the general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation exists, shall be guilty of a misdemeanor.

(ii) A first misdemeanor under subsection (c)(1)(i) above shall be punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court.

(iii) For the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue, by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment, in the discretion of the court.

(iv) Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service, or shall continue to violate any provision of the regulations made under authority of this chapter in the respect named in such order, shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).

(2) Special penalties.

(i) Violations of section 29-5 (subdivision standards).

(A) Any person violating the provisions of section 29-5 shall pay to the city a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold; the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalty.

(B) Any transfer or sale of land in violation of section 29-5 shall be deemed to be null and void and the city may enjoin or vacate the transfer or sale by legal action, and may recover the penalty in such action.

(C) Any person violating the provisions of section 29-5, in a manner that does not involve the transfer of lots or parcels of land shall pay to the city a penalty not exceeding five hundred dollars ($500.00) for each and every day that such violation shall continue, or by imprisonment not exceeding one year, or by both such fine and imprisonment.

(ii) Violations of climax forest requirements. Every one thousand (1,000) square feet of climax forest removed, destroyed or damaged in violation of section 29-4.4 shall constitute a separate offense.

(iii) Violations of section 29-4.8 (sign standards).

(A) The owner or general agent of a building or premises where a violation of section 29-4.8 exists, or the lessees or tenant of an entire building or entire premises where a violation of section 29-4.8 exists, or the general agent, architect, builder, contractor or any other person commits, takes part or assists in any such violation or who maintains any sign or premises in which a violation of section 29-4.9 exists, shall be guilty of a misdemeanor and shall pay to the city a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, unless subsection (b) below applies.

(B) If the violation of section 29-4.8 is or was willful, the penalty for violation shall be a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or imprisonment for ten (10) days for each and every day such violation shall continue, or both such fine and imprisonment in the discretion of the court.

(C) Any such person who, having been served with an order, within ten (10) days after such service shall continue to violate any provision of section 29-4.8 in the manner named in such order, shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).

(iv) Violation of section 29-4.3(f)(3) (parking - use of yards). Any person found in violation of section 29-4.3(f)(3) shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment of not more than thirty

(30) days, or by both such fine and imprisonment.