Page 238 - Des Moines - Zoning, Planning and Design Ch 134, 135
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135-6. reVieW AND APPrOVAl PrOceDUreS DRAFT
Enforcement
J. The stormwater runoff control facilities installed in previously granted by the city. This enforcement
compliance with the stormwater runoff control plan provision may be used regardless of whether
shall be maintained in compliance with section 106- the current owner or applicant is responsible for
136. subject violation.
2. Instead of withholding or denying a permit or
135-6.4 enforcement other authorization, the community development
director may grant such authorization subject to
6.4.1 ViOlAtiONS AND PeNAltieS the condition that the violation be corrected.
A. Appropriate actions and proceedings may be taken c. revoke Permits
by law or in equity to prevent any violation of this
article; to prevent unlawful construction; to recover 1. A permit, certificate or other form of
damages; to restrain, correct, or abate a violation; authorization required under this chapter may
and to prevent illegal occupancy of a building, be revoked by the community development
structure or premises. unless otherwise expressly director when the community development
limited by state law, violations may also be subject director determines:
to the penalties described in section 1-15 and the a. That there are unapproved departures from
remedies and enforcement powers identified in 135- approved plans or permits; or
6.4.4. b. That any provision of this chapter or
B. The requirements of this article may also be approval previously granted by the city is
enforced as a violation of subsection 114-361.02(c). being violated.
6.4.2 reSPONSiBilitY FOr eNFOrceMeNt 2. Written notice of revocation must be sent by
The zoning enforcement officer, under the direction regular mail to the subject property owner and
and supervision of the community development all persons to whom the permit was issued.
director, is responsible for enforcing the regulations D. Stop Work
of this chapter. All departments, officials, agencies 1. If the zoning enforcement officer finds work
and employees vested with the authority to review, being performed in a manner contrary to the
recommend or issue development approvals, permits provisions of this chapter or in a dangerous or
or licenses must act in accordance with the provisions unsafe manner, the zoning enforcement officer is
of this chapter. authorized to issue a stop work order.
6.4.3 cONtiNUiNG ViOlAtiONS 2. A stop work order must be in writing and must
Each day that a violation continues constitutes a be posted at the site of the violation. A copy of
separate violation of this chapter. the order must also be provided to the owner of
the subject property, to the owner’s authorized,
6.4.4 reMeDieS AND eNFOrceMeNt POWerS or to the person doing the work. upon issuance
The city has all remedies and enforcement powers of a stop work order, the cited work must cease
allowed by law, including, without limitation, all of the immediately. The stop work order must state the
following: reason for the order and the conditions under
A. Fines. Any person violating any provisions of which the cited work is authorized to resume.
this chapter or failing to comply with any of 3. Any person who continues any work after having
its requirements may be deemed guilty of a been served with a stop work order, except
misdemeanor or municipal infraction punishable in such work as that person is directed to perform
accordance with section 1-15. to remove a violation or unsafe conditions, is
B. Withhold Permit subject to penalties and enforcement as set out
1. The community development director may deny in this section.
or withhold all related permits, certificates or e. injunctive relief. The city may seek an injunction
other forms of authorization on any land or or other equitable relief in court to stop any violation
structure or improvements upon which there is of this chapter or of a permit, certificate or other
an existing violation of a provision of this chapter form of authorization granted under this or previous
or of a condition or qualification of a permit, ordinances.
certificate, approval or other authorization
135-6-8 DRAFT AuGuST 3, 2017
