Title 17 DEVELOPMENT CODE
Chapter 17.04 TITLE AND PURPOSE
17.04.010 Title.
17.04.020 Purpose.
17.04.030 Conformance required.
17.04.040 Remedies for unlawful structures or land use.
17.04.050 Interpretation.
17.04.060 Severability.
17.04.070 Conflicting ordinances.
17.04.010 Title.
The ordinance codified in this title shall be known and may be referred to
as the City of Carlton Development Code, 2000. (Ord. 619, 2003)
17.04.020 Purpose.
The ordinance codified in this title is enacted to:
A. Implement
the goals and policies of the City of Carlton, Comprehensive Plan 2000; June
2001 (Reprint);
B. Provide methods of administering and enforcing the
provisions of this title; and
C. Promote the public health, safety, and
general welfare of the community.
(Ord. 619, 2003)
17.04.030 Conformance required.
The use of all land, as well as the construction, reconstruction,
enlargement, structural alteration, movement, use, or occupation of any
structure within the city of Carlton shall conform to the requirements of this
title. (Ord. 619, 2003)
17.04.040 Remedies for unlawful structures or land use.
A. No person shall locate, construct, maintain, repair, alter, or use a
building or other structure or use or transfer land in violation of this city of
Carlton development code or any ordinance lawfully adopted by the city of
Carlton.
B. In the event a building or other structure is, or is
proposed to be, located, constructed, maintained, repaired, altered, or used, or
any land is, or is proposed to be, used, in violation of an ordinance or
regulation designed to implement the city of Carlton development code, the city
of Carlton or a person whose interest in real property in the city is or may be
affected by the violation, may, in addition to other remedies provided by law,
institute injunction, mandamus, abatement, stop order or other appropriate
proceedings to prevent, temporarily or permanently enjoin, abate, or remove the
unlawful location, construction, maintenance, repair, alteration or
use.
C. In addition to the enforcement provisions set forth in this
development code, a person violating any of the provisions of this title may be
cited into the city of Carlton municipal court, or any other court of competent
jurisdiction to adjudicate such violation, and:
1. Upon the first
conviction thereof be punishable by a fine not to exceed the sum of one hundred
fifty dollars ($150.00);
2. Upon the second conviction thereof, be
punishable by a fine not to exceed the sum of three hundred dollars
($300.00);
3. Upon the third or further conviction thereof, be
punishable by a fine not to exceed the sum of three hundred dollars ($300.00),
or by imprisonment for a period not to exceed thirty (30) days, or
both.
Each day’s violation of any provision of this title shall
constitute a separate offense, punishable as set forth in this section. The
penalties imposed by this section are in addition to and not in lieu of any
other remedies. (Ord. 619, 2003)
17.04.050 Interpretation.
The provisions of this title shall be interpreted as minimum requirements.
Where this title imposes a greater restriction than is required by other
provisions of law, or by other regulations, resolutions, easements, covenants or
agreements between parties, the provisions of this title shall control. When
there is doubt regarding the intent of this title as interpreted by the city
staff, the planning commission may issue an interpretation of the question if
they have first determined that such interpretation is within their power and is
not a legislative act. The planning commission may request an interpretation of
this title by the city council. (Ord. 619, 2003)
17.04.060 Severability.
The provisions of this title are severable. Should any section, clause, or
provision of this title be adjudged invalid by a court of competent
jurisdiction, that decision shall not affect the validity of any remaining
portion of the title. (Ord. 619, 2003)
17.04.070 Conflicting ordinances.
City of Carlton Ordinance No. 350 as amended, zone code; Ordinance No. 549
as amended, subdivision code; Ordinance No. 473 and all other ordinances or
parts of ordinances in conflict herewith are hereby repealed. (Ord. 619,
2003)
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