ZONING VIOLATIONS


Zoning violations address violations of the land use regulations in the City Code. The Zoning codes are interpreted by the Planning and Zoning Director and enforced by the Code Compliance Division. Each part of the City has a zoning designation (such as single family residential, multifamily residential, commercial, etc.). The land use regulations identify what type of activity and buildings are permitted in each zone. A use, which is not permitted, must be discontinued or a variance may be obtained from the Zoning Board of Adjustment.

Courtesy Notices are issued as a result of inspections by a Code Compliance Officer. An inspection can be conducted as a result of a complaint, observation by the Officer or a scheduled annual inspection. If additional time to comply is needed, the property owner / business owner may request additional time from the Director or Assistant Director. If an area of concern is discovered the following occurs:

• Courtesy Notice is issued by the Officer and a time period to correct the area of concern is identified (usually 15 to 30 days)*.
• If the area of concern is corrected by the compliance date, the case is closed.
• If the area is not corrected by the compliance date, additional time may be granted to allow sufficient time to comply. The case is sent to the Special Master for a hearing.
• A hearing date is set. The officer will conduct another inspection shortly before the hearing to determine if compliance has been achieved. If compliance has been obtained, the case will be closed and dismissed at the Special Master. If compliance has not been obtained, the hearing will proceed.
• If the Special Master makes a finding of not guilty at the hearing, the case will be dismissed.
• If the Special Master makes a finding of guilt at the hearing, a new compliance date is set. Also, the Special Master can impose daily fines if the violation is not corrected by the compliance date. The fine can be up to $1,000 per day for the first offense, and $5,000 per day for repeat offenses. (A violation is considered a repeat offense if it occurs again within five years).
• If compliance has been achieved by the new compliance date set by the Special Master, an affidavit of compliance will be completed by the Enforcement Officer and forwarded to the Special Master. Both the Special Master case and the Code Compliance case will be closed.
• If compliance has not been achieved by the compliance date set by the Special Master, an affidavit of non-compliance will be completed by the Officer and forwarded to the Special Master, and the daily fine will begin to accrue.
• The case will remain open as long as there are outstanding fines, even if the violations are corrected. The fines will become a lien, which will be placed against the property. Failure to pay the fines will result in the initiation of foreclosure procedures on the property.

*Some violations require additional time to correct. Should this be necessary an extension can be requested by sending a letter to the Code Compliance Department or by applying for an extension online. Extensions can only be granted for cases, which have not been heard by the Special Master. If the Special Master has heard a case only the Special Master can grant an extension.