This Code shall be enforced by the Zoning Administrator or such other officer of the City as may from time to time be designated by the Governing Body or its designee. 

No person in the employ of the City or acting on behalf of the City shall issue any building permit or grant a certificate of occupancy if the building or use would be in violation of this Code.  Any certificate or permit issued upon a false statement of fact which is material to the issuance thereof shall be void.

Any violation of this Code shall be a misdemeanor under the Maize City Code, and any violation in the unincorporated County shall be a violation of the Sedgwick County Code.

Any of the following shall be a violation of this Code and shall be subject to the enforcement remedies and penalties provided by this Code and by state law:

1.    Development or use without 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 Sedgwick County or the City of Maize without all of the required permits, approvals, certificates and other forms of authorization required by this Code 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 conditions.  To violate, by act or omission, any term, condition, or qualification placed by the Planning Commission or a Governing Body or Board of Zoning Appeals, as applicable, upon a required permit, certificate, or other form of authorization granted by the Planning Commission, or the City to allow the use, development, or other activity upon land or improvements thereon.

4.    Development or use inconsistent with code.  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 regulation of this Code, or any amendment thereof.

5.    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 this Code and the final plat or plan.

6.    Increasing intensity of use.  To increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this Code.

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

8.    Removing, defacing, obscuring notice.  To remove, deface, obscure or otherwise interfere with any notice required by this Code.

The City shall have the following remedies and enforcement powers:

1.    Withhold permits.  The City may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this Code or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City, Planning Commission or the Board of Zoning Appeals.  The City may, instead of withholding or denying an authorization, grant such authorization subject to the condition that the violation be corrected.  The provisions of this section shall apply regardless of whether the current owner or applicant is responsible for the violation in question.

2.    Revoke permits.  Any permit may be revoked when the Planning Administrator determines (1) that there is departure from the plans, specifications, or conditions as required under terms of the permit, (2) that the same was procured by false representation or was issued by mistake, or (3) that any of the provisions of this article are being violated.  Written notice of such revocation shall be served upon the owner, his or her agent or contractor, upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.  Upon revocation of a building permit which was issued by mistake, the owner shall meet with the City to determine in what respect a mistake had been made.  When plans are in conflict with ordinances, resolutions, regulations, or requirements and when construction has not progressed to a stage where modification of the plans would require substantial alteration of the structures in place, the plans shall be modified to conform with all applicable ordinances, resolutions, regulations, or requirements.  When construction has progressed to a stage where compliance would require substantial alteration of construction in place, the owner shall meet with the City to negotiate possible changes in the plans which could now more nearly conform to ordinances, resolutions, regulations, or requirements.  When a mistake has been made calculating the fee for a building permit, the proper fee shall be charged.

3.    Stop work.  With or without revoking permits, the City may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this Code or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under its building codes.

4.    Revoke plan or other approvals.  Where the violation of this Code involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Governing Body may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a hearing, revoke the plan or other approval or condition its continuance on strict compliance, the provision of security, or such other conditions as the Governing Body may reasonably impose.

5.    Injunctive relief.  The City may seek an injunction or other equitable relief in the district court to stop any violation of this Code or of a permit, certificate or other form of authorization granted hereunder.

6.    Abatement.  The City may seek a court order from the district court in the nature of mandamus, abatement or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

7.    Penalties.  The City may seek such criminal or civil penalties as are provided by Kansas law, municipal code, or county code.  Any violation occurring within the City shall constitute a misdemeanor with penalties not to exceed $500 or imprisonment for not more than six months for each offense, or both the fine and imprisonment.  For any violation occurring within the unincorporated county, criminal penalties shall not exceed $500 and any violation shall be a class H violation, with prosecution pursuant to Chapter 8 of the Sedgwick County Code.  For purposes of these penalties, each day’s violation shall constitute a separate offense.

8.    Other remedies.  The City shall have such other remedies as are and as may be from time to time provided by Kansas law, municipal code or county code for the violation of zoning or related provisions of its code.

9.    Remedies cumulative.  These remedies shall be cumulative.

In carrying out the enforcement powers under this Code, the City shall follow the procedures set forth in this section.

1.    Notice.  In the case of violations not involving continuing construction or development or any emergency situation, the Zoning Administrator shall give written notice of the nature of the violation to the owner of the land and/or to any tenant, occupant, a party to any agreement relating to the use of the land, or an applicant for any relevant permit, certificate or approval, after which the persons receiving such notice shall have 15 days from the date of mailing or service to correct the violation before further enforcement action.

2.    Immediate enforcement.  In the case of a violation involving either continuing construction or development or an emergency situation (as reasonably determined by the Zoning Administrator), the City may use the enforcement powers and remedies available to it under this Article without prior notice, but the Zoning Administrator shall send the notice to the same parties provided by the previous section simultaneously with the beginning of enforcement action.

1.    Other powers.  In addition to the enforcement powers specified in this Article, 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 this Code shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous and valid resolutions, ordinances and laws.