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Aledo City Zoning Code

CHAPTER 20

VIOLATIONS; PENALTIES

10-20-1: NOTICES OF VIOLATIONS:

Whenever the enforcing officer is satisfied that a building or structure, or any work in connection therewith, the erection, construction, addition or alteration, execution of which is regulated, permitted or forbidden by this zoning ordinance or other applicable ordinances enacted by the city is being erected, constructed, added to or altered, in violation of the provisions or requirements of this zoning ordinance or other applicable ordinances enacted by the city, or in violation of a detailed statement or plan submitted and approved thereunder, or of a permit or certificate issued thereunder, he shall serve a written notice or order upon the person responsible therefor directing discontinuance of such illegal action and the remedying of the condition that is in violation of the provisions or requirements of this zoning ordinance or other applicable ordinances enacted by the city. (Ord. 35/79, 4-30-1980)

10-20-2: DISREGARD OF VIOLATION NOTICES:

In case a violation notice or order is not properly complied with, the enforcing officer shall notify the city attorney of such noncompliance and the city attorney, upon such notice, shall institute an appropriate action or proceeding at law or in equity, to restrain, correct or remove such violation, or the execution of work thereon, or to restrain or correct the erection or alteration of, or to require the removal of, or to prevent the occupancy or use of, the building or structure erected, constructed, added to or altered, in violation of, or not in compliance with the provisions of this zoning ordinance or other applicable ordinances enacted by the city, or with respect to which the requirements thereof, or of any order or direction made pursuant to provisions contained herein, shall not have been complied with. (Ord. 35/79, 4-30-1980)

10-20-3: STOPPING OF WORK:

Whenever in the opinion of the enforcing officer, by reason of defective or illegal work in violation of a provision or requirement of this zoning ordinance or any other applicable law enacted by the city, the continuance of a building operation, including, but not limited to, the construction of any structure and/or structural alteration, is contrary to public welfare or in violation of any of the rules and regulations of the zoning ordinance enacted by the city, he shall order, in writing, all further work to be stopped and may require suspension of all work until the condition in said violation has been corrected. (Ord. 35/79, 4-30-1980)

10-20-4: NONCOMPLIANCE AND PENALTIES:

A person who shall violate a provision of this zoning ordinance or other applicable ordinances enacted by the city, or fail to comply herewith or with any of the requirements thereof, or who shall erect, construct, add to or alter, move or demolish or has erected, constructed, added to or altered, moved or demolished a building or structure or portion thereof, in violation of a detailed statement or plan submitted and approved thereunder, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor; also included is the owner of a building or structure, or portion thereof, or of the premises where anything in violation of this zoning ordinance or other applicable ordinances enacted by the city, shall be placed or shall exist, and an architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who assisted in the commission of such violations. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of this zoning ordinance or other applicable ordinance enacted by the city is committed or continued and upon conviction of such violation, each such person shall be punished as hereinafter set forth. Any person who shall violate, disobey, omit, neglect, or refuse to comply with or who resists enforcement of any of the provisions of this zoning ordinance or other applicable ordinance enacted by the city, shall be subject to a fine pursuant to title 12, "Schedule Of Fines", of this code. (Ord. 27/2016, 1-3-2017)

10-20-5: ABATEMENT:

The imposition of the penalties herein prescribed shall not preclude the city attorney from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, addition, alteration, conversion, removal, demolition, maintenance or use to restrain, correct or abate a violation, or to prevent the occupancy of a building or structure or portion thereof, or of the premises, or to prevent an illegal act, conduct, business or use in or about any premises. Furthermore, it shall be no defense to any action instituted hereunder that any owner, contractor, architect, or their duly authorized agents were relying on someone else to file the required application for permit under the terms and provisions of the zoning ordinance enacted by the city. (Ord. 35/79, 4-30-1980)