Any of the following shall be a violation of the City of Augusta Zoning Regulations and shall be subject to the enforcement remedies and penalties provided by this article and by other applicable law.

A.    Development of Use Without Permit or Approval

To engage in any development, use, construction, remodeling or other activity of any nature upon the land and improvements thereon subject to the jurisdiction of the City without all of the required permits, approvals, certificates and other forms of authorization required by these regulations in order to conduct or engage in such activity.

B.    Development or Use Inconsistent with Permit or Approval

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 lawfully engage in such activity.

C.    Development or Use Inconsistent with Conditions

To violate, by act or omission, any terms, condition or qualification placed by the City upon a required permit, certificate, rezoning, plan approval or other form of authorization granted by the City to allow the use, development of other activity upon land or improvements thereon.

D.    Development of Use Inconsistent with Regulations

To erect, construct, reconstruct, remodel, alter, maintain any land in violation or contravention of any zoning, subdivision or general regulation of the zoning regulations or any amendment thereof.

E.    Making Lot or Yard Nonconforming

To reduce or diminish any lot area so that the yards or open spaces shall be smaller than prescribed by these requirements or the final plat or plan.

F.    Increasing Use Intensity

To increase the intensity of use of any land or structure, except in accordance with the procedures and substantive requirements of the zoning regulations.

G.    Continuing Violation

To continue any of the above violations. Each day of a violation shall be considered a separate offense.

H.    Removing, Defacing, Obscuring Notice

To remove, deface or obscure any sign required by the zoning regulations or otherwise interfere with any notice required thereby.

A.    The Zoning Administrator or other designated official may inspect any property or structure whenever there is reasonable cause to believe a violation of these regulations may exist. Upon being presented with proper credentials by the Zoning Administrator or designated official:

1.    No person shall refuse entry or access to the site or property where a sign exists when entry is required for the purpose of conducting an inspection.

2.    No person shall obstruct, hamper, or interfere with such City representatives while in the process of carrying out their official duties.

B.    The City shall have the enforcement authority to take the following actions in resolving violations of these regulations.

1.    The City may deny or withhold any and all permits, certificates, plan or plat approvals or other forms of authorization on any land, structure, or improvement when evidence exists of unmet general zoning requirements; unmet requirements for specific types of land uses, developments, or structures; unmet conditions or qualifications of a permit, certificate, approval or previously granted authorization; uncorrected violations of these regulations.

a.     The City may grant such authorization on a provisional basis, subject to the condition that the deficiency or violation be corrected.

b.    These provisions shall apply regardless of whether the current owner or applicant is responsible for the violation in questions.

2.    The City may revoke issued permits and granted approvals when the Zoning Administrator or other designated official finds a departure from the plans, specifications or conditions required under the terms of a particular permit, plan, or other approval; such authorization was procured by false representation of the applicant or was issued by mistake; any provision of these regulations is being violated.

a.     If the violation involves a failure to comply with approved Site Plans or conditions of Site Plan approval, the City Council may, upon sending written notice to the applicant and conducting a hearing:

i.     Revoke such Site Plans or related approvals.

ii.    Allow development to continue subject to strict compliance with applicable plans, approvals, and conditions of approval, or the provision of security bond.

b.    The Zoning Administrator or other designated official may revoke a Building Permit or Certificate of Occupancy upon sending written notice of violation to the applicant or owner and shall post such notice in a prominent location on the site or building that is readily visible to any individual entering the site or building.

i.     Further construction activities shall be prohibited upon posting of the notification.

ii.    Upon revocation of a Building Permit which was issued by mistake, the owner shall meet with the City to determine the nature of and reason for the mistake.

iii.   If construction plans are in conflict with ordinances, regulations or other City requirements, the City may require modification to such plans that conform to all applicable ordinances, regulations or requirements.

iv.   If a mistake has been made calculating the fee for a Building Permit, the proper fee shall be calculated and the difference refunded or charged to the applicant, as appropriate.

3.    With or without revoking permits, the City may issue a stop work order for any construction activities on a building, structure, or property when it has a good faith belief that there is an uncorrected violation of a City regulation, issued permit or other granted authorization.

4.    The City may seek an injunction or other equitable relief to stop any violation of these regulations or an issued permit, certificate, or granted authorization.

5.    The City may seek a court order in the nature of mandamus, abatement or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

6.    The City may seek such criminal or civil penalties as provided by Kansas law for violation of these regulations.  Criminal penalties shall not exceed $500.00, or imprisonment for not more than six (6) months for each offense, or both. For purposes of these penalties, each day’s violation shall constitute a separate offense.

C.    The City shall may pursue any remedy that is not specifically listed herein, but is otherwise available under Kansas law and applicable to a specific violation of these regulations or related provisions.

D.    The remedies listed above shall be cumulative.

A.    Routine Enforcement

In the case of violations that do not involve ongoing site development, construction in progress, or an emergency situation, the City shall give written notice of the nature of the violation to the applicant, property owner, authorized agent, or occupant of the property, which shall be sent to the last known address.

B.    Emergency Enforcement

If the Zoning Administrator or other authorized City official makes a reasonable determination that an emergency or unsafe situation exists in violation of these regulations, the City may immediately use the enforcement powers and remedies available under this article. This may include filing a compliant seeking criminal penalties in Municipal Court. No other notification procedures shall be required as prerequisites to any such immediate action.