Chapter 16.08 - ADMINISTRATION AND ENFORCEMENT
Sections:
16.08.010 - Enforcement and administration.
16.08.020 - Violations unlawful.
16.08.030 - Civil penalty.
16.08.040 - Continued violations— Remedies and penalties.
16.08.050 - Persons liable.
16.08.060 - Notice of violation.
16.08.070 - Disposition of civil penalties collected.
16.08.080 - Development filing fees.
16.08.090 - Schedule of engineering and inspection fees and charges.
16.08.100 - Outside agency fees.
16.08.010 - Enforcement and administration.
A. General Provisions. The administrative official or his or her designee is authorized and directed to enforce the provisions
of this title. The administrative official shall, either upon complaint or initiative, investigate potential violations of
this title. It shall be the duty of members of the town council to assist the administrative official in performance of this
duty. It shall also be the duty of the sheriff's department and all officers charged with the enforcement of the law to assist
in the enforcement of this title and its provisions.
B. Entrance onto Private Property. Whenever necessary to make an inspection, to enforce any of the provisions of this title,
or whenever the administrative official has reasonable cause to believe that a violation of this title exists or is occurring
on any property, the administrative official and/or his designee may, at reasonable hours, enter onto such property to inspect
the same or to perform any duty imposed by this title. The right of entry authorized by this section extends to any employee,
officer, or person in the company of the administrative official and/or his or her designee.
C. Stop Orders. The administrative official may issue an order to stop activity for any activity being established or any improvement
being erected or altered which does not conform to this title.
1. The administrative official shall prominently post this order on the subject property and make reasonable attempts to forward
a copy of the order to the owner of the property, the person in charge of the property, or the person causing the activity
to be established or conducted or the improvement to be erected or altered.
2. When any order to stop activity has been posted on the subject property, it is unlawful for any person with active or constructive
knowledge of the order to conduct the activity covered by the order until the administrative official has removed the posted
copy of the order and issued a written authorization for the activity to be continued.
3. The issuance of an order to stop activity may be appealed to the town council, but such orders shall remain in force and effective
during the pendency of such appeal, unless the administrative official issues an interim or final order staying or lifting
the order to stop activity.
(Ord. 496 § 13.4, 1999: Ord. 462 § 13.4, 1998)
16.08.020 - Violations unlawful.
Violations of, or failure to comply with, the provisions of this title are declared to be unlawful.
(Ord. 496 § 13.0, 1999: Ord. 462 § 13.0, 1998)
16.08.030 - Civil penalty.
In addition to any other penalty or remedy provided by this chapter or by law, a civil penalty in the amount of one hundred
dollars ($100.00) per day is imposed upon any person, firm or corporation which violates the provisions of this title. The
civil penalty shall occur from the date set for correction established by the administrative official, and until violation
is corrected. The civil penalty is a personal obligation of the person or persons to whom the notice of violation is directed.
The town attorney, on behalf of the town, is authorized to collect the civil penalty by use of appropriate legal remedies,
the seeking or granting of which shall neither stay nor terminate the accrual of additional civil penalties, as long as the
violation continues.
(Ord. 496 § 13.1, 1999: Ord. 462 § 13.1, 1998)
16.08.040 - Continued violations— Remedies and penalties.
An imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. Any person, firm
or corporation shall be required to correct such violation or defects.
A. In addition to the civil proceedings authorized to enforce this title and in addition to any fine or penalty provided, continuing
violations of this title may be enjoined, ordered or abated in civil proceedings for injunction, abatement or other relief
B. The town attorney, on behalf of the town, may pursue civil remedies to enforce compliance with the provisions of this title.
A private person directly affected by a violation of this title may pursue civil remedies as provided by this chapter or as
otherwise provided by law to enforce compliance and to recover damages for violations. Provided, that a private person may
not pursue or enforce the civil penalties in Section 16.08.030.
C. Any person, firm or corporation violating any of the provisions of this title shall be liable in any private or public action
brought to enforce the provisions of this title for all costs of proceedings, expenses of abatement, and for reasonable attorney's
fees. These expenses are accumulative and in addition to any penalties or other remedy available.
(Ord. 496 § 13.2, 1999: Ord. 462 § 13.2, 1998)
16.08.050 - Persons liable.
Any person who participates in the transfer, sale, agreement to sell, or lease of land in violation of the requirements of
this title; and any person who files or records a short plat or final plat in violation with this title; and any person who
fails to comply with any condition of approval of a short plat, final plat, binding site plan or boundary line adjustment;
and any person who maintains, after notice, a violation of this title may be held jointly liable in any civil action brought
to enforce the provisions of this title.
(Ord. 496 § 13.3, 1999: Ord. 462 § 13.3, 1998)
16.08.060 - Notice of violation.
A. If the administrative official determines that the activity or condition exists that does not conform to the provisions of
this title, then a notice of violation may be issued. The notice shall be directed to the owner of the property and/or to
such other persons as are causing or contributing to such violation. A notice of violation shall contain:
1. The name and address of the property owner or other person to whom the notice of violation is directed;
2. The street address when available or a legal description sufficient for identification of the land upon which the violation
is occurring;
3. A statement of the action required to be taken as determined by the administrative official and a date for correction which
shall not be less than ten working days from the date of service of the notice of violation to be immediately hazardous;
4. A statement that a cumulative civil penalty in the amount of one hundred dollars ($100.00) per day shall be assessed against
the person or persons to whom the notice of violation is directed for each and every day following the date set for correction
on which the violation continues; and
5. A statement that the administrative official's determination of violation may be appealed to the town council upon written
notice of appeal together with the payment of filing fee in accordance with Section 16.08.080. The appeal shall be filed with
the town clerk within ten working days of service of the notice of violation, and the daily civil penalty shall continue to
accrue during the pendency of the administrative official appeal, but is dependent on the outcome of the appeal.
B. The notice of violation shall be served upon the person or persons to whom it is directed either personally in the manner
provided for by personal services of summons and complaints or by mailing a copy of the notice of violation by certified mail,
return receipt requested, to such person at his or her last known address. Proof of personal service shall be made at the
time of service by a written declaration under penalty of perjury executed by the person making service, declaring the time,
date and manner by which service was made.
C. A notice of violation issued pursuant to this section may be appealed to the town council. The cumulative civil penalty provided
for in Section 16.08.030 of this chapter shall continue to accrue during the pendency of such appeals but shall be dependent
on the outcome of the appeal.
D. For good cause shown, the administrative official may extend the date set for correction of the notice of violation; provided,
that such an extension shall not affect or extend the time in which the administrative official appeal must be commenced nor
shall such extension be for a period of time in excess of one hundred eighty (180) calendar days.
(Ord. 496 § 13.5, 1999: Ord. 462 § 13.5, 1998)
16.08.070 - Disposition of civil penalties collected.
Any civil penalties assessed herein and collected shall be paid into the general fund of the town.
(Ord. 496 § 13.6, 1999: Ord. 462 § 13.6, 1998)
16.08.080 - Development filing fees.
All persons developing land under this title shall pay the appropriate fees for the processing and handling of their applications.
Please refer to the current fee schedule on file at the town clerk's office.
(Ord. 620 § 1, 2006; Ord. 496 § 14.0, 1999: Ord. 462 § 14.0, 1998)
16.08.090 - Schedule of engineering and inspection fees and charges.
Any person constructing public improvements in a development under this title shall obtain the required permits, obtain approval
from the subdivision administration committee as provided in this title, and shall pay the following standard fees for engineering
services and inspection in connection with those improvements:
Improvement Inspection
Option 1: Flat fee based on the town engineer's estimate of the cost for labor, overhead, material testing and expenses.
Option 2: $25.00 plus $34.00 per hour per person for engineering services and inspection as established by monthly time sheets, plus
the cost of testing and TV inspection.
Improvement Plans
Plan check - Base: $150.00
(Ord. 496 § 14.1, 1999: Ord. 462 § 14.1, 1998)
16.08.100 - Outside agency fees.
If an outside agency or agencies need to be consulted regarding any development within the town limits, the developer will
incur any and all cost charged by the outside agency or agencies.
(Ord. 496 § 14.2, 1999: Ord. 462 § 14.2, 1998)