CHAPTER 60 - INTRODUCTORY PROVISIONS
60.130 ENFORCEMENT POLICY
It is the policy of the City that the purpose and intent of this section will normally be served best if the zoning administrator first seeks to have a violation brought into compliance.
60.131
Zoning Administrator to be notified of Violations: Whenever a violation of this ordinance is known or suspected to exist or expected to be committed, any person may so notify the zoning administrator. All officers and agencies of the City of Rochester shall notify the zoning administrator of any information which suggests that a violation exists or is expected to be committed.
60.132
Zoning Administrator to Investigate Violations: Upon receiving any information which suggests a violation, the zoning administrator shall conduct an investigation to determine whether a violation exists or is reasonably expected to be committed. To this end, the zoning administrator and his authorized representatives are hereby empowered to cause any building, other structure, or tract of land to be inspected and examined. Where necessary, the zoning administrator may call upon the Chief of Police for assistance.
60.133
Notice of Violation: The zoning administrator shall, if he determines a violation to exist or is reasonably expected to be committed, promptly give notice by regular mail, or by personal service to the owners of record for tax purposes of the property involved. The notice shall indicate the location and nature of the violation, the provision or provisions of the ordinance which have been or are expected to be violated, and whether immediate enforcement will be sought or up to thirty days allowed to correct or remove the violation. The zoning administrator, or employees under his supervision, may issue a citation for those offenses which are listed on the local fine and bail schedule by the District Court. A defect in the notice of violation with respect to any such matters shall not prevent the enforcement of this ordinance.
60.134
Discontinuance of Work: Once the notice of violation has been served, no work shall proceed on any development covered by such orders, except in a manner consistent with those orders and this ordinance. It shall be a separate misdemeanor violation for any person to continue any development in a manner inconsistent with the orders or this ordinance.
60.135
Enforcement After Expiration of Time Period: If, after the time period provided in the notice of violation has elapsed and the alleged violation has not been corrected or brought into compliance, the zoning administrator shall consult with the city attorney, and the city attorney shall initiate any legal or equitable action which is deemed appropriate. Such action shall not be initiated if: a) an appeal of the notification of violation has been filed with the Department of Planning and Housing, or b) the City Council or court of competent jurisdiction has stayed enforcement pending the out come of a proceeding before it concerning the violation. The zoning administrator or his designee shall act as a complaining witness when necessary to initiate a criminal action against a violation. If a civil action is required, the zoning administrator shall request that the city attorney have the matter placed on the agenda of the City Council and that the Council authorize such action.
60.136
Violation and Penalties: Any person, firm or corporation violating any of the provisions of the ordinance, or any amendment thereto, is guilty of a misdemeanor. Each and every day during which such violation continues shall be deemed to be a separate offense. Fines and imprisonment are appropriate as a penalty for violations and a deterrent against future violations.
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