Page 239 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 135-6. reVieW AND APPrOVAl PrOceDUreS

Enforcement

F. Forfeiture and confiscation of Signs on and the time period for compliance and may state
Public Property. Any sign installed or placed on the corrective steps necessary and the nature of
public property, including rights-of-way, except in subsequent penalties and enforcement actions
compliance with the regulations of this chapter will should the situation not be corrected.
be considered forfeited to the public and subject B. emergency Matters. In the case of violations of
to confiscation. In addition to other remedies and this chapter that constitute an emergency situation
penalties of this article, the city has the right to as a result of public health or safety concerns if
recover from the sign owner or person who placed not remedied immediately, the city may use the
the sign, the full costs of sign removal and disposal. enforcement powers available under this chapter
G. Abatement without prior notice to the subject property owner.
1. The city may seek a court order for abatement, 6.4.8 APPeAlS
injunction or other action requiring the owner A determination made by the community development
to correct a violation and order that the city’s director, zoning enforcement officer or other
costs for abatement or correction of the violation administrative officials that a violation has occurred may
be entered as a personal judgment against the be appealed by the affected party in accordance with
defendant or assessed against the property on 135-6.1.11.
which the violation occurred, or both.
2. The city may seek a court order authorizing the
city to abate or correct the violation and order
that the city’s costs for abatement or correction
of the violation be entered as a personal
judgment against the defendant or assessed
against the property on which the violation
occurred, or both.
H. Other Penalties, remedies and Powers. The city
may seek such other penalties and remedies as are
provided by law.
i. continuation of Previous enforcement Actions.
Nothing in this chapter prohibits the continuation
of previous enforcement actions, undertaken by the
city pursuant to previous ordinances and laws.

6.4.5 reMeDieS cUMUlAtiVe
The remedies and enforcement powers established in
this chapter are cumulative, and the city may exercise
them in any combination or order.

6.4.6 PerSONS SUBJect tO PeNAltieS
The owner or tenant of any building, structure,
premises, or part thereof, and any architect, builder,
contractor, or agent, or other person who commits,
participates in, assists in, or maintains such violations
may each be found guilty of a separate offense and
be subject to penalties, remedies and enforcement
actions.

6.4.7 eNFOrceMeNt PrOceDUreS
A. Non-emergency Matters. In the case of violations
of this chapter that do not constitute an emergency
or require immediate attention, the subject property
owner must be given notice by regular mail. Notices
of violation must state the nature of the violation

CITY OF DES MOINES CHAPTER 135: PLANNING AND DESIGN DRAFT 135-6-9