1101.A. TYPES OF VIOLATIONS. Any of the following shall constitute a violation of these regulations, including any appendices incorporated by reference in SECTION 101.A, and shall be subject to the enforcement remedies and penalties provided by these regulations and state law.

1.    Development or use without a permit. 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 of Haysville 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.

2.    Development or use 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.

3.    Development or use inconsistent with these regulations. To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure, or sign, or to use any land in violation or contravention of any zoning, subdivision, or general regulations of these regulations, or any amendment thereof.

4.    Making lot or setback noncomplying. To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by these regulations and the final plat or plan.

5.    Increasing intensity of use. To increase the intensity of the use of any land or structure, except in accordance with the procedural and substantive requirements of these regulations.

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

7.    Removing, defacing, obscuring notice. To remove, obscure, or otherwise interfere with any notice required by these regulations.

1102.A. GENERAL. This section shall outline the enforcement procedures and effects of violations of these regulations.

1102.B. AUTHORITY. The Zoning Administrator, or designee, shall have the authority to enforce the provisions of these regulations and to refuse to issue any permit for any building or structure or for the use of any premises that would violate any of the provisions hereof.

1102.C. INVESTIGATION. The Zoning Administrator may enter onto any property as necessary to investigate an alleged violation of these regulations or cause any building, structure, place, or premises to be inspected and examined.

1102.D. NOTICE. The Zoning Administrator may issue a notice of violation for any violation of these regulations. The Zoning Administrator must send notice of violation to the property owner by certified mail. Notice of the violation may be sent to any tenants by regular mail. The notice of violation must:

1.    Describe the violation;

2.    Identify the specific provision(s) of these regulations being violated;

3.    State the specific action required to abate the violation;

4.    State that if the violation is not abated within 15 days of the receipt of the letter, the City may institute court proceedings to obtain a court order directing compliance with these regulations and awarding fines up to the maximum amount allowed under these regulations for each day the violation continues from the date of the notice;

5.    State that the notice of violation may be appealed as per SECTION 1007.

1102.E. PENALTY. Any violation of the provisions of these regulations shall be a misdemeanor and shall be punishable by a fine of not to exceed $500 or by imprisonment for not more than six months for each offense or by both such fine and imprisonment. Each day’s violation shall constitute a separate offense.

1102.F. ENFORCEMENT. In the case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of these regulations, the Zoning Administrator, or designee, is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation and to prevent the occupancy of the building, structure, or land, or to prevent any illegal act, conduct, or use in or about such premises.

1102.G. OTHER ENFORCEMENT MATTERS.

1.    Other powers. In addition to the enforcement powers specified in this section, the City may exercise any and all enforcement powers granted to them by Kansas law, as it may be amended from time to time.

2.    Continuation. Nothing in these regulations shall prohibit the continuation of previous enforcement actions, undertaken by the City pursuant to previous and valid resolutions, ordinances and laws.