Any of the following shall be a violation of this Unified Development Code and of law and shall be subject to the remedies and penalties provided in this Unified Development Code, the Iola Municipal Code or the general police powers granted by Kansas law:

(a)   Subdivision, development, use or sign without permit. To engage in any subdividing, development, use, construction, remodeling or other activity of any nature upon the land and improvements thereon subject to the jurisdiction of this Unified Development Code without all of the required permits, approvals, certificates and other forms of authorization required by this Unified Development Code in order to conduct or engage in such activity.

(b)   Subdivision, development, use or sign inconsistent with permit. To engage in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity.

(c)   Subdivision, development, use or sign inconsistent with conditions. To violate, by act of omission, any term, conditions or qualification placed by the planning commission, governing body or board of zoning appeals, as applicable, upon a required permit, certificate or other form of authorization granted by the planning commission, governing body or board of zoning appeals to allow the use, development, sign, or other activity upon land or improvements thereon.

(d)   Subdivision, development, use or sign inconsistent with this Unified Development Code. To erect, construct, reconstruct, remodel, alter, maintain, move or use any building, structure or sign or use any land in violation or contravention of any zoning, subdivision, sign or general regulation of this Unified Development Code.

(e)   Making lots or setbacks nonconforming. To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by this Unified Development Code and the final plat or site plan.

(f)    Increasing intensity of use. To increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this Unified Development Code.

(g)   Continuing violations. To continue any of the violations of this article, each day that a violation continues shall be considered a separate offense.

(h)   Removing, defacing or obscuring notice. To remove, deface, obscure or otherwise interfere with any notice required by this Unified Development Code.

(i)    Failure to remove signs. To fail to remove any sign installed, created, erected or maintained in violation of this article for which the sign permit has lapsed.

(Code 2016, Sec. 106-173)

The city shall have the following remedies and enforcement powers.

(a)   Withhold permits. The city may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon that there is an uncorrected violation of a provision of this Unified Development Code or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. Instead of withholding or denying an authorization, the city may grant such authorization subject to the condition that the violation be corrected. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.

(b)   Revoke permits. Any permit may be revoked if the planning director determines any of the following:

(1)   There is departure from the plans, specifications or conditions as required under terms of the permit.

(2)   The permit was procured by false representation.

(3)   The permit was issued by mistake.

(4)   Any of the provisions of this Unified Development Code are being violated.

Such revocation may also include certificates to occupy or conduct business. Written notice of such revocation shall be served upon the owner, the owner’s agent or contractor or upon any person employed on the building or structure that such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed. Such revocation may include certificate to occupy or conduct business.

(c)   Stop work. With or without revoking permits, the city may stop work on any development, building or structure on any land that there is an uncorrected violation of a provision of this Unified Development Code or of a permit of other form of authorization issued hereunder, in accordance with its power to stop work under its building codes.

(d)   Revoke plan or other approval. Where a violation of this Unified Development Code involves a failure to comply with approved plans or conditions that the approval of such plans was made subject, the governing body may, upon notice to the applicant and other known parties in interest (including any holder of building permits affected) and after a public hearing, revoke the plan or other approval or condition its continuance on strict compliance, the provision of security of such other conditions as the governing body may reasonably impose.

(e)   Injunctive relief. The city may seek an injunction or other equitable relief in court to stop any violation of this Unified Development Code or of a permit, certificate or other form of authorization granted hereunder.

(f)    Abatement. The city may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition that they existed prior to the violation.

(g)   Penalties. The penalty for a violation of this Unified Development Code shall be governed by Iola Municipal Code and the city may seek such criminal or civil penalties as are provided by Kansas law or municipal code.

(h)   Other remedies. The city shall have such other remedies as are and as may be from time to time provided by Kansas law and the Iola Municipal Code for the violation of zoning, subdivision, sign or related Unified Development Code provisions.

(Code 2016, Sec. 106-174)

The remedies and enforcement powers established in this article shall be cumulative.

(Code 2016, Sec. 106-175)

(a)   Non-emergency matters. In the case of violations of this Unified Development Code that do not constitute an emergency or require immediate attention, the planning director shall give written notice of the violation to the property owners or to any other person who is party to the agreement or to any applicant for any relevant permit. Notices of violation shall state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected. Notice shall be given in person, by United States Mail or by posting notice on the premises.

(b)   Emergency matters. In the case of violations of this Unified Development Code that constitute an emergency situation as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, the city may use the enforcement powers available under this article without prior notice. However, the planning director shall attempt to give notice to the property owner, any other person who is party to the agreement and applicants for any relevant permit simultaneous with beginning enforcement action.

(Code 2016, Sec. 106-176)

(a)   Other powers. In addition to the enforcement powers specified in this article, the city may exercise any and all enforcement powers granted to them by Kansas law.

(b)   Continuation. Nothing in this Unified Development Code shall prohibit the continuation of previous enforcement actions, undertaken by the city pursuant to previous and valid ordinances and laws.

(Code 2016, Sec. 106-177)

All violations under the previously existing regulations shall continue to be violations and shall not be considered to be legal, nonconforming situations under this Unified Development Code. The city shall have the authority to secure remedies for violations of those regulations to the same extent that it may secure similar remedies for violations of this Unified Development Code pursuant to this section.

(Code 2016, Sec. 106-178)