Page 84 - Des Moines - Zoning, Planning and Design Ch 134, 135

134-8. ADMiNiStrAtiON AND eNFOrceMeNt DRAFT

Enforcement

remedies and penalties of this article, the city has the regular mail. Notices of violation must state the
right to recover from the sign owner or person who nature of the violation and the time period for
placed the sign, the full costs of sign removal and compliance and may state the corrective steps
disposal. necessary and the nature of subsequent penalties
G. Abatement and enforcement actions should the situation not be
corrected.
1. the city may seek a court order for abatement,
injunction or other action requiring the owner B. emergency Matters. In the case of violations of
to correct a violation and order that the city’s this zoning ordinance that constitute an emergency
costs for abatement or correction of the violation situation as a result of public health or safety
be entered as a personal judgment against the concerns if not remedied immediately, the city may
defendant or assessed against the property on use the enforcement powers available under this
which the violation occurred, or both. zoning ordinance without prior notice to the subject
property owner, including the authority to abate or
2. the city may seek a court order authorizing the correct the violation.
city to abate or correct the violation and order
that the city’s costs for abatement or correction 8.2.8 APPeAlS
of the violation be entered as a personal A determination made by the community development
judgment against the defendant or assessed director, zoning enforcement officer or other
against the property on which the violation administrative officials that a zoning ordinance violation
occurred, or both. has occurred may be appealed by the affected party in
H. Other Penalties, remedies and Powers. the city accordance with section 134-6.9.
may seek such other penalties and remedies as are
provided by law.
i. continuation of Previous enforcement Actions.
Nothing in this zoning ordinance prohibits the
continuation of previous enforcement actions,
undertaken by the city pursuant to previous
ordinances and laws.

8.2.5 reMeDieS cUMUlAtiVe
the remedies and enforcement powers established in
this zoning ordinance are cumulative, and the city may
exercise them in any combination or order.

8.2.6 PerSONS SUBJect tO PeNAltieS 2
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.

8.2.7 eNFOrceMeNt PrOceDUreS
A. Non-emergency Matters. In the case of violations
of this zoning ordinance that do not constitute an
emergency or require immediate attention, the
subject property owner must be given notice by

2 Staff comments on previous draft had suggested that all
“or” statements in this subsection be changed to “and/or.”
We have not done so because the rules of language/con-
struction include in the zoning ordinance intro provisions
already state that ““or” indicates that the connected items
or provisions may apply singularly or in combination.”

134-8-4 DRAFT AuguSt 3, 2017