Page 83 - Des Moines - Zoning, Planning and Design Ch 134, 135

DRAFT 134-8. ADMiNiStrAtiON AND eNFOrceMeNt

Enforcement

134-8.2 enforcement 1 director may grant such authorization subject to
the condition that the violation be corrected.
8.2.1 reSPONSiBilitY FOr eNFOrceMeNt c. revoke Permits
the zoning enforcement officer, under the direction 1. A permit, certificate or other form of
and supervision of the community development authorization required under this zoning
director, is responsible for enforcing this zoning ordinance may be revoked by the community
ordinance. All departments, officials, agencies and development director when the community
employees vested with the authority to review, development director determines:
recommend or issue development approvals, permits a. that there are unapproved departures from
or licenses must act in accordance with the provisions approved plans or permits; or
of this zoning ordinance.
b. that any provision of this zoning ordinance
8.2.2 ViOlAtiONS or approval previously granted by the city is
unless otherwise expressly allowed by this zoning being violated.
ordinance or state law, any violation of a provision of 2. Written notice of revocation must be sent by
this zoning ordinance is subject to the remedies and regular mail to the subject property owner and
penalties provided for in this zoning ordinance.
all persons to whom the permit was issued.
8.2.3 cONtiNUiNG ViOlAtiONS D. Stop Work
Each day that a violation continues constitutes a 1. If the zoning enforcement officer finds work
separate violation of this zoning ordinance.
being performed in a manner contrary to
8.2.4 reMeDieS AND eNFOrceMeNt POWerS the provisions of this zoning ordinance or in
the city has all remedies and enforcement powers a dangerous or unsafe manner, the zoning
allowed by law, including, without limitation, all of the enforcement officer is authorized to issue a stop
following: work order.
A. Fines. Any person violating any provisions of this 2. A stop work order must be in writing and must
zoning ordinance or failing to comply with any be posted at the site of the violation. A copy of
of its requirements may be deemed guilty of a the order must also be provided to the owner of
misdemeanor or municipal infraction punishable in the subject property, to the owner’s authorized,
accordance with section.1-15. or to the person doing the work. upon issuance
B. Withhold Permit of a stop work order, the cited work must cease
immediately. the stop work order must state the
1. the community development director may deny reason for the order and the conditions under
or withhold all zoning-related permits, certificates which the cited work is authorized to resume.
or other forms of authorization on any land or 3. Any person who continues any work after having
structure or improvements upon which there is been served with a stop work order, except
an existing violation of a provision of this zoning such work as that person is directed to perform
ordinance or of a condition or qualification to remove a violation or unsafe conditions, is
of a permit, certificate, approval or other subject to penalties and enforcement as set out
authorization previously granted by the city. this in this section.
enforcement provision may be used regardless
of whether the current owner or applicant is e. injunctive relief. the city may seek an injunction
responsible for subject violation. or other equitable relief in court to stop any violation
2. Instead of withholding or denying a permit or of this zoning ordinance or of a permit, certificate or
other form of authorization granted under this or
other authorization, the community development previous zoning ordinances.

1 this section (revised 3-2-2017) is a proposed replacement F. Forfeiture and confiscation of Signs on
for the two existing ordinance provisions that address Public Property. Any sign installed or placed on
penalties and enforcement. the intent to is provide a public property, including rights-of-way, except
more robust explanation of the types of actions that con- in compliance with the regulations of this zoning
stitute violations and to more clearly identify the range of ordinance will be considered forfeited to the public
possible penalties and enforcement actions that may be and subject to confiscation. In addition to other
employed to secure voluntary compliance.

CITY OF DES MOINES CHAPTER 134: ZONING DRAFT 134-8-3