Duluth UDC § 1307.04

1. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, the City may institute any appropriate action or proceeding to prevent or remedy such violation or attempted violation in lieu of or as a precedent to legal action. 2. Before taking any of the following actions, the Planning and Development Director shall first notify the owner, occupant, or other responsible person in writing of his or her intended action, and shall provide a 378 | P a g e Article Thirteen. Administration and Enforcement reasonable opportunity, of not less than 10 working days (except, that in the event the violation constitutes an immediate danger to public health or public safety, 24 hours’ notice shall be sufficient) to cure such violation. 3. In the event the owner, occupant, or other responsible person fails to cure such violation after such notice and cure period, the Planning and Development Director may take any one or more of the following actions: a. Stop work order. The Planning and Development Director may issue a stop work order which shall be served on the owner, occupant, or other responsible person. The stop work order shall remain in effect until the owner, occupant, or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the owner, occupant or other responsible person to take the necessary remedial measures to cure such violation or violations. b. Cease-and-desist order. The Planning and Development Director may issue a cease-and-desist order when appropriate to the type of violation of this Development Code. c. Withhold certificate of occupancy. The Planning and Development Director may refuse to issue a certificate of occupancy for any building or other improvements constructed or being constructed on the site until the owner, occupant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. d. Suspension, revocation, or modification of permit. The Planning and Development Director may suspend, revoke, or modify the permit authorizing a development project. A suspended, revoked, or modified permit may be reinstated after the owner, occupant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Director may deem necessary) to enable the owner, occupant, or other responsible person to take the necessary remedial measures to cure such violations. e. Removal of illegal structures. When a building or other structure has been constructed in violation of this Development Code, the violator may be required to remove the structure or bring said structure into compliance with this Development Code, at the discretion of the Planning and Development Director. f. Restoration of vegetative cover. When removal of vegetative cover, excavation, or fill has taken place in violation of this Development Code, the violator may be required to restore the affected land to its original contours and to restore vegetation, as far as practical, at the discretion of the Planning and Development Director. g. Clean Water Act notifications. If the Director discovers a violation of this Development Code that also constitutes a violation of provisions of the Clean Water Act as amended, the Planning and Development Director may issue written notification of the violation to the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and the landowner.