§ 15.72.090. Enforcement.

A.

Failure to comply with any of the provisions of this Chapter is declared to be prima facie evidence of an existing major violation and shall be abated by the City Administrator in accordance with the provisions of this Chapter. Any person in violation will be subject to civil penalties, civil action and/or other legal remedies.

B.

If the applicant fails to comply with any provisions of this Chapter including failure to timely pay the impact fee, the City may take any of the following actions:

1.

Withhold issuance of the building-related permits;

2.

Record a special assessment or other lien or liens against the real property which is the subject of the development project for the amount of the impact fee;

3.

Revoke or suspend the temporary certificate of occupancy and/or certificate of occupancy for the development project;

4.

Take any other action necessary and appropriate to secure payment, with interest accruing from the date of nonpayment; and/or

5.

Assess civil penalties against an applicant and/or associated parcel owner who fails to comply with this Chapter, including failure to pay the impact fees, pursuant to Chapter 1.08 of this Code.

Violations of this Chapter are considered to be "major" pursuant to Subsection 1.08.040D of this Code. The daily civil penalties described in Subsection 5. above shall continue until the violations are cured, including payment of the impact fee with accrued interest. Civil penalties established in this Chapter are in addition to any other administrative or legal remedy which may be pursued by the City to address violations identified in this Chapter.

In the event all affordable housing units required under the certification described in Sections 15.72.100 and 15.72.110 are not timely produced as required by this Chapter, the City Administrator may impose a charge on the applicant equal to one hundred fifty percent (150%) of the impact fee which would have been otherwise due and owing, together with interest accrued from the date of the first building permit issuance for the development project, and shall so notify the applicant. If this charge is not paid by the applicant within sixty (60) calendar days of the expiration of the applicable time period, the City may record a special assessment lien against the development project property in the amount of any charge and interest owed, and the City may revoke or suspend the certificate of occupancy for the development project use.

(Ord. No. 13365, § 4, 5-3-2016)