MapLink™ | Procedures | § 10.2. Violations

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§ 10.2. Violations
A. Violation Deemed a Public Nuisance. Any violation of this Ordinance shall be deemed a public nuisance.
B. Violation Deemed a Municipal Civil Infraction. Any violation of this Ordinance and/or the terms and conditions of this Ordinance is deemed a municipal infraction, and proceedings shall be instituted pursuant to Chapter 1: General Provisions, § 1-7: General penalty for violations of Code and rules and regulations adopted under Code; continuing violations of the Code of Ordinances of the City of Kalamazoo.
C. Proceeding in Equity. The City of Kalamazoo may institute an appropriate legal action or court proceeding to prevent, restrain, correct, or abate any violation of the provisions of this Ordinance.
D. Parking, Storage, Placing Vehicle on Land or Premises. In any municipal civil infraction action, or any action or proceeding in equity for the violation of any provision of this Ordinance that concerns the parking, storing, or placing of a motor vehicle upon land or premises, the registration plate attached to such motor vehicle shall constitute prima facie evidence that the owner of such motor vehicle was the person who parked, stored, or placed such motor vehicle upon the land of the premises where such violation is alleged to have occurred.
E. Permits and Approvals. In this Chapter 10, any reference to a requirement of this Ordinance, or with any permit, approval, or authorization of a type referenced in this Ordinance, shall include, but shall not be limited to, any requirement, condition, or limitation contained in a site plan, Institutional Master Plan, PUD Plan or any other form of plan approved pursuant to this Ordinance.
F. Types of Violations. Any of the following shall be a violation of this Ordinance and shall be subject to the remedies and penalties provided for in this Ordinance.
1. Development without permit or approval. To engage in any development, construction, remodeling, alteration, placement of signs, or other activity of any nature upon land that is subject to this Ordinance without all of the approvals required by this Ordinance.
2. Development, use or sign 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, approved site plan, approval, certificate, or other form of authorization required in order to engage in such activity.
3. Development, use or sign inconsistent with conditions. To violate, by act or omission, any term, condition, or qualification placed upon any permit, approval, or other form of authorization.
4. Violating dimensional requirements. To reduce or diminish any lot area so that the lot size, setbacks or open spaces shall be smaller than prescribed by this Ordinance or to increase the height or bulk of any building or structure in violation of the requirements of this Ordinance.
5. Increasing intensity or density of use. To increase the intensity or density of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this Ordinance.
6. Removing or defacing required notice. To remove, deface, obscure or otherwise interfere with any notice required by this Ordinance.
7. Failure to remove signs. To fail to remove any sign installed, created, erected or maintained in violation of this Ordinance, or for which the sign permit has lapsed.
8. Obtaining permit or approval in a fraudulent manner. To obtain any permit, approval, certificate, or other form of authorization required by this Ordinance in a fraudulent manner.
9. All other violations. To establish or operate other activities, structures or land uses in violation of any specific provisions, or the general purpose and intent of this Ordinance.
G. Violations of Adult Regulated Use Regulations by Employee. Notwithstanding anything to the contrary, for the purposes of this Ordinance, an act by an employee shall be imputed to the adult regulated use for the purpose of establishing a violation of this Ordinance only if an employee or operator of the adult regulated use knowingly allowed a violation of this Ordinance to occur. It shall be a defense to liability that the employee or operator was powerless to prevent the violation.
H. Continuing Violations. Each day that a violation remains uncorrected after receiving notice of the violation from the City shall constitute a separate violation of this Ordinance. The imposition of a fine or penalty under this chapter shall not be construed to excuse or to permit the continuation of any violation.
I. Remedies Cumulative. The remedies and enforcement powers established in this chapter shall be cumulative, and the City may exercise them in any order.