§ 15.02.130. Violation and penalty.

The city may take any or all of the actions listed in this section in response to any violation of this title. The remedies and penalties provided for violations of this title shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

A.

Enforcement. This title shall be enforced by the community development director or his or her designee. The community development director or his or her designee may secure the assistance of the city attorney to seek an injunction, abatement, municipal citations or other appropriate action to enjoin, abate, or stop any violation of this title. At times, the aid of the police department may be sought to enforce this title. The property owner charged with the violation may be held responsible for any legal expenses incurred by the city.

B.

Fines. Fines for violation of this title shall be set forth as per the adopted schedule of civil penalties stated in Chapter 1.95 Municipal Infraction Citation Process of the Council Bluffs Municipal Code.

C.

Notification. The community development director or his/her designee shall, upon determination of any violation of this title, notify in writing the person(s) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it; and specifically shall order the discontinuance of any illegal use of land, buildings, or structures, order removal of illegal buildings, structures, additions, or alterations; order discontinuance of illegal work being done; or take any other action authorized by this title to insure compliance with, or to prevent violation of its provisions, and in particular, shall, when appropriate, recommend to the city attorney the institution of legal or equitable actions that may be required for the enforcement of this title. The city shall use the following letters as forms of written notification:

1.

Letter #1: Voluntary Compliance Request Letter. The city shall issue a voluntary compliance request letter to the property owner of record and any other responsible party citing the violation of this title. This letter will be mailed to the property's tax address as well as the physical street address. Each violation falls into one of four tiers. Table 1: Violation-Tier Categories outlines the type of violations and the corresponding tier. The voluntary compliance request letter shall state that the violation be removed within the time set forth in Table 2: Timeframes to Remedy Violations. This letter shall serve as the first notice of violation.

2.

Letter #2: Second Notice of Violation. The City shall issue a second notice of violation letter to the property owner of record and any other responsible party citing the violation of this title if the violation was not remedied within the timeframe specified in Letter #1: Voluntary Compliance Request Letter. This letter will be mailed to the property's tax address as well as the physical street address. The letter shall reiterate the sending of the first notice of violation and that the violation must be removed within the time set forth in Table 2.

3.

Letter #3: Citation for Municipal Infractions. The city shall cite the property for municipal infractions if the violation was not remedied within the time frame specified in Letter #2: Notice of Violation. The fines for municipal infractions shall be as set forth in Section 1.95.020 "Violations, penalties and alternative relief" of Council Bluffs Municipal Code. The citation shall be served in accordance with the methods listed in Section 1.95.030 "Civil citations" of Council Bluffs Municipal Code.

The community development department has specified four tiers of zoning code violations. Each type of zoning code violation falls into a tier based on the intensity of the violation and amount of time needed for remediation. The following table shows the violations that fall under each of the four tiers:

Table 1: Violation Tiers

Tier 1 Violation	Tier 2 Violation	Tier 3 Violation	Tier 4 Violation
• Temporary sign • Nonpermanent outdoor Lighting • Parking where conforming parking space is available on site • Storage container • Occupying a recreational vehicle	• Permanent sign • Permanent outdoor lighting • Fencing • Parking where conforming parking space is not available on-site • Landscaping	• Home occupation • Illegal structure • Illegal use • Building material/architectural design when located within a corridor design overlay or on a property with an approved development plan	• Any violation that poses to be an emergency or threat to public health and safety

 

Table 2: Timeframes to Remedy Violations

All notice of violation letters shall be sent to the property owner and/or other responsible party for all violations. The property owner shall be the party subject to citation if the violation is not remedied within the amount of time as set forth in this table.

Notice Type:	Tier 1 Violation	Tier 2 Violation	Tier 3 Violation	Tier 4 Violation
Letter 1: Voluntary Compliance Request/Notice	Ten (10) business days from the date of the letter to remedy the violation before receiving Letter 2: Second Notice of Violation	Thirty (30) days from the date of the letter to remedy the violation before receiving Letter 2: Second Notice of Violation	Sixty (60) days from the date of the letter to remedy the violation before receiving Letter 2: Second Notice of Violation	In situations where a violation is considered to be an emergency or is a threat to public health and safety, enforcement action shall be taken immediately by the Community Development Director or his/her designee
Letter 2: Second Notice of Violation	Five (5) business days from the date of the letter to remedy the violation before receiving Letter 3: Citation for Municipal Infractions	Fifteen (15) days from the date of the letter to remedy the violation before receiving Letter 3: Citation for Municipal Infractions	Thirty (30) days from the date of the letter to remedy the violation before receiving Letter 3: Citation for Municipal Infractions
Letter 3: Citation for Municipal Infractions	A citation shall be served in accordance with Section 1.95.030 on the next business day following the expiration date in Letter 2: Second Notification of Violation	A citation shall be served in accordance with Section 1.95.030 on the next business day following the expiration date in Letter 2: Second Notification of Violation	A citation shall be served in accordance with Section 1.95.030 on the next business day following the expiration date in Letter 2: Second Notification of Violation

 

D.

Multiple Violations. Multiple violations that occur on the same property shall be reviewed and enforced separately in accordance with Tables 1 and 2.

E.

Repeat Violations. Violations of the same type that occur on a property within a twenty-four (24) month period where the owner of the property remains the same shall be considered repeat violations. The property owner or other responsible party shall be notified of the violation following the schedule designated in Table 2.

F.

Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this title, the city, in addition to other remedies, may institute any proper action or proceeding, including an action to enjoin such unlawful erection, construction, reconstruction, alteration, repair, conversion maintenance, or use, in the name of the city of Council Bluffs, to restrain, correct, or abate such violations, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct business or use in or about said premises. More specifically, the community development department shall have the following remedies and powers to enforce this title:

1.

Deny/Withhold Permits. The city may deny and withhold permits, certificates, or other forms of authorization to use or develop any land, structure, or improvements until the alleged violation related to such property use, or development is corrected. The provision shall apply whether or not the current owner or applicant for the permit is responsible for the violation.

2.

Permits Approved with Conditions. Instead of withholding or denying a permit or other authorization, the city may grant such authorization subject to the condition that the violation be corrected prior to occupancy or final approval.

3.

Citation for Municipal Infractions. The city may cite the property for a municipal infractions as set forth in Chapter 1.95 Municipal Infraction Citation Process of the Council Bluffs Municipal Code.

4.

Revoke of Approvals or Permits.

a.

Any permit issued by administrative approval is subject to revocation. Any permit issued by a decision-making body is subject to revocation after notice and a public hearing by said decision-making body. A permit is subject to revocation, after the responsible party has been provided an opportunity to remedy the violation within the time set forth in Table 2, when it is determined that either:

(i)

There is a material departure from the approved plans, specifications, or conditions of approval;

(ii)

There is a violation of any provision of this title;

(iii)

The development approval or permit was obtained by false representation; and

(iv)

The development approval or permit was issued in error.

b.

Written notice of the revocation shall be served upon the property owner of record, the owner's agent, the applicant, or other person to whom the permit was issued or such notice may be posted in a prominent location at the place of the violation. No work or construction shall proceed after the service of the revocation notice.

5.

Revoke Licenses. The city may revoke applicable licenses issued pursuant to city code. Revocation of licenses shall be processed according to applicable procedures adopted for this purpose by the applicable city department or entity.

6.

Stop Work Order. With or without revoking permits, the community development director or his or her designee may issue an order to stop work on any property on which there is an uncorrected violation of either a provision of this title or a provision of a permit or other form of authorization issued pursuant to this title. The stop work order shall specify the title provisions being violated. After any such order has been served, no work shall process on any building, other structure, or tract of land covered by such order, except to correct such violation or comply with this order. The stop work order may be issued at the same time as a notice of initial violation or subsequent to such notice.

7.

Injunctive Relief. The city may initiate injunction proceedings or other appropriate legal action in any court of competent jurisdiction against any person who fails to comply with any provision of this title or any requirement or condition imposed pursuant to this title. In any court proceeding in which the city seeks a preliminary injunction, it shall be presumed that a violation of this title is a real, immediate, and irreparable injury to the public; that the public will be irreparably injured by the continuation of the title violation unless the violation is enjoined; and that there is no plan and adequate remedy at law for the subject title violation.

8.

Abatement. The city may seek a court order in the nature of mandamus, abatement, injunction or other action to abate or remove a violation or to otherwise restore the premises to the condition that existed before the violation.

9.

Administrative Extension of Time.

a.

An administrative extension of time may be granted to the property owner and/or other responsible party by the community development director at his/her discretion for remedying violations that require paving, landscaping, or the removal or altering of illegal structures where seasonal weather conditions make remedying impractical.

b.

If the property owner and/or other responsible party are actively pursuing the remedy of an identified zoning violation, a stay of all enforcement action may be granted by the community development director or his/her designee. A stay of action shall not exceed ninety (90) days.

c.

An administrative extension of time or stay of enforcement action shall not be granted for a Tier 4 violation.

10.

Other. The city may take any other action permitted by Iowa law.

(Ord. No. 6012, § 2, 10-27-2008; Ord. No. 6378, § 1, 1-28-2019).