19.13.070 Violation – Civil enforcement and penalties.
The failure or refusal to complete corrective action by the date set forth in a notice of violation and order shall subject the person(s) to whom the notice of violation and order to correct or cease activity was directed to the following enforcement actions and penalties in addition to those provided in Chapter 1.20 ECMC:
(1) The enforcing official may revoke, modify or suspend any permit, variance, subdivision or other land use approval issued for the subject property.
(2) A civil penalty as provided in Chapter 1.20 ECMC per day, or portion thereof, per violation until corrective action is completed. Each separate day, event, action or occurrence shall constitute a separate violation.
(3) The city, through its authorized agents, may initiate abatement or injunction proceedings or other appropriate action in the municipal court, or the courts of this state, to prevent, enjoin, abate or terminate violations of this chapter. The city may obtain temporary, preliminary and permanent injunctive relief from the Grant County superior court. Irrespective of the foregoing, the city may abate the violation as a public nuisance, and for the purposes of Chapter 8.26 ECMC each such violation is declared to be a public nuisance, as provided in Chapter 8.26 ECMC.
(4) The city after using the process set forth in Chapter 8.26 ECMC may enter upon the subject property and complete all corrective action. The actual costs of labor, materials and equipment, together with all direct and indirect administrative costs, incurred by the city to complete the corrective action shall be paid by record owner(s). Interest shall accrue on the amount due at the highest rate allowed by law.
(5) Subsections (1) through (4) of this section are cumulative remedies and the taking of action under one subsection does not constitute an election of remedies by the city. (Ord. 436 § 1, 2010)