By the passage of this ordinance, no presently illegal use should be deemed to have been legalized unless [such use] specifically falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain non-conforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this ordinance that no offense committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time the zoning ordinance was repealed and the present zoning ordinance adopted, shall be discharged or affected by such ordinance repeal; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending proceeded within all respects as if such prior ordinance had not been repealed.

Any person or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and shall be liable to a fine of not more than $2,000.00, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof, where anything in violation of this ordinance shall be placed, or shall exist, and any architect, builder, contractor, agent, person, or corporation employed of any such violation shall be guilty of a separate offense; and upon conviction shall be fined as herein provided.

If any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so declared to be invalid or unconstitutional.

The fact that the present zoning ordinance is not adequate and is insufficient to properly promote and safeguard the health, safety, moral and general welfare of the citizens of Beverly Hills, Texas, creates an urgency and an imperative necessity that the rules pertaining to the reading of ordinances on three separate days be suspended and such emergency demands that this ordinance become effective immediately upon its passage and it is accordingly ordained.

PASSED AND APPROVED this 12 day of April, A.D., 2004.