§ 18.70.030 Penalties | Olathe Unified Development Ordinance

18.70.030 Penalties

The City has the following remedies and enforcement powers:

1. The City may deny or withhold all permits, certificates, plan or plat approvals or other forms of authorization on any building, structure or land, or improvements, upon which there is an uncorrected violation of any provision of this ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City.

2. The City may, instead of withholding or denying an authorization, grant the authorization subject to the condition that the violation be corrected.

3. This subsection applies regardless of whether the current owner or applicant is responsible for the violation in question.

1. A permit may be revoked by the Planning Official issuing the permit at any time prior to the completion of the use, building, structure or sign for which the permit was issued, when it appears to such official that one (1) or more of the following conditions is present:

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

b. That the permit was procured by false representation.

c. That the permit was issued by mistake.

d. Or that any of the provisions of this ordinance are being violated.

2. Written notice of the revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed in the building or structure for which the permit was issued or shall be posted in a prominent location on the property. Where notice of revocation is served or posted, no further construction or use of the property shall proceed.

3. Any revocation of a permit may be appealed to the Board of Zoning Appeals as provided in Chapter 18.40 (Procedures).

4. A mistaken permit revocation is subject to Section 18.60.070.

5. When a mistake is made calculating the fee for a building permit, the proper fee will be charged.

With or without revoking permits, the City may stop work on any development, building, or structure on any land on which there is an uncorrected violation of a provision of this ordinance or a violation of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City.

Where a violation of this ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the City shall, upon notice to the applicant, revoke the plan or other approval or condition its continuance on strict compliance, the provision of security or other conditions that the City may reasonably impose.

1. The City may maintain civil suits or actions in any court of competent jurisdiction to enforce this ordinance and to abate nuisances maintained in violation of this Ordinance.

2. If any building or structure is proposed to be erected, constructed, altered, converted or maintained in violation of this ordinance or any building, structure or land is proposed to be used in violation of this ordinance, the City Attorney, or other appropriate authority of the City, may, institute injunction, mandamus or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate the violation or to prevent the occupancy of such building, structure or land.

1. The violation of any provision of this ordinance is hereby declared to be a public offense, and any person, firm, association, partnership or corporation convicted thereof shall be punished by either a fine not to exceed five hundred ($500) dollars for each offense or imprisonment for not more than six (6) months, or both.

2. Each day's violation of this ordinance is a separate offense.

These remedies are cumulative.

In addition to the enforcement powers and remedies specified in this title, the City may exercise any and all enforcement powers and remedies granted to it by Kansas state law, as it may be amended from time to time. (Ord. 02-54 § 2, 2002)