§ 10-419. REMEDIES.  


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  • In addition to the enforcement tools provided in Section 10-418, any violation of this article shall be a public nuisance and may be enforced or abated under the Public Nuisance Abatement Ordinance (Chapter 10, Article 6). Any contrary provisions of the above or the Code notwithstanding, the following remedies are available for violations of the conditions of a permit or this article:

    (a)  Abatement. The city may abate violations of an order of compliance, conditions of a permit and/or this article. Absent an imminent threat to the public's health and safety, the city must serve the permit holder and the property owner with an order of abatement prior to abating the violation. An order of abatement must be served by certified mail at least eighteen days before the city abates. An order of abatement may be appealed to the City Hearing Officer under Article 4 of Chapter 1. An abatement order, if reasonably necessary, may order the cessation and/or suspension of continued operations, may limit operations, or may suspend limit occupancy of the operational facilities and/or property.

    (b)  Civil. The City Attorney may file a civil lawsuit to enforce this article.

    (c)  Criminal. Any violation of this article is a misdemeanor and the violator may be cited under Section 1-304. (Added Ord. 2003-100, § 2, eff. 1-18-04).