This article establishes procedures through which the city seeks to ensure compliance with the provisions of this Ordinance and obtain corrections for Ordinance violations. It also sets forth the remedies and penalties that apply to violations of this Ordinance. The provisions of this chapter are intended to encourage the voluntary correction of violations, where possible.

Compliance with all the procedures, standards, and other provisions of this Ordinance is required by all persons owning, developing, managing, using, or occupying land or structures in the city.

The owner, tenant, or occupant of any land or structure, and an architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this Ordinance may be held responsible for the violation and subject to the remedies and penalties set forth in this article.

The city may use any combination of the following remedies and enforcement powers to administer and enforce this Ordinance.

(1)

Failure to Comply with Ordinance or Term or Condition of Approval Constitutes Ordinance Violation

Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this Ordinance, or the terms or conditions of any permit or other development approval or authorization granted in accordance with this Ordinance shall constitute a violation of this Ordinance punishable as provided in this article.

(2)

Permits or Permit Approvals only Authorize Development Approved

Permits or permit approvals issued by a decision-making body authorize only the use, arrangement, location, design, density or intensity, and development set forth in such permits or development approvals.

It shall be a violation of this Ordinance to undertake any activity contrary to the provisions of this Ordinance, including but not limited to any of the following:

(1)

Develop land or a structure without first obtaining all appropriate permits or development approvals, and complying with their terms and conditions.

(2)

Occupy or use land or a structure without first obtaining all appropriate permits or development approvals, and complying with their terms and conditions.

(3)

Subdivide land without first obtaining all appropriate permits or development approvals required to engage in subdivision, and complying with their terms and conditions.

(4)

Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining all appropriate permits and development approvals, and complying with their terms and conditions.

(5)

Remove existing trees from a site or parcel of land without first obtaining appropriate permits and development approvals, and complying with their terms and conditions.

(6)

Disturb any landscaped area or vegetation required by this Ordinance.

(7)

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate permits or development approvals, and complying with their terms and conditions.

(8)

Fail to remove any sign installed, created, erected, or maintained in violation of this Ordinance, or for which the permit has expired.

(9)

Create, expand, replace, or change any nonconformity except in compliance with this Ordinance.

(10)

Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this Ordinance.

(11)

Increase the intensity or density of development, except in accordance with the standards of this Ordinance.

(12)

Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this Ordinance.

The Director of Community Development shall have primary responsibility for enforcing the provisions of this Ordinance. The Director may delegate enforcement authority to the City Engineer and Building Official, who shall be responsible for assisting the Director of Community Development in enforcing this Ordinance. All other all officers and employees of the City, especially members of the Police Department and Fire Department, shall have the duty to assist in enforcing this Ordinance by reporting apparent violations of this Ordinance to the Director of Community Development, City Engineer, or Building Official.

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a complaint. The complaint, stating fully the cause and basis therefore shall be filed with the Director of Community Development, who shall properly record such complaint, investigate, and take appropriate action as provided by this Ordinance.

On presenting proper credentials, the Director of Community Development may enter upon land or inspect any structure to ensure compliance with the provisions of this Ordinance. These inspections shall be carried out during normal business hours unless the Director of Community Development determines there is an emergency necessitating inspections at another time.

(1)

Investigation of Complaint

On receiving a written complaint, the Director of Community Development shall investigate the complaint and determine whether a violation of this Ordinance exists.

(2)

Notice of Violation

a.

On finding that a violation of this Ordinance exists, whether from an investigation of a written complaint or otherwise, the Director of Community Development shall provide written notice of the violation, by personal service or certified mail, return receipt requested, to the owner of the property on which the violation exists and the person causing or maintaining the violation. Such notification shall:

1.

Describe the location and nature of the violation;

2.

State the actions necessary to abate the violation; and

3.

Order that the violation be corrected or an enforcement conference be requested within a specified reasonable time period not to exceed ten business days after receipt of the Notice of Violation.

b.

The final notice of violation (which may also be the initial notice of violation) shall state what course of action is intended if the violation is not corrected or an enforcement conference is not requested with the specified time limit. If the final notice of violation identifies the assessment of a civil penalty as a potential intended course of action, the notice of violation shall also serve as a warning citation. The final notice of violation shall also advise the violators of their rights to appeal the Notice of Violation to the Board of Zoning Adjustments in accordance with Section 23-2-4(S), Appeal.

c.

On receiving a written request for extension of the time limit for correction specified in the Notice of Violation, the Director of Community Development may, for good cause shown, grant a single extension of the time limit for up to 30 business days.

d.

If the owner of the property cannot be located or determined, the Director of Community Development shall post a copy of the notice on the building, structure, sign, or site that is the subject of the violation. In such a case, the time limit for correction of the violation shall be deemed to begin five days after the notice is posted.

(3)

Enforcement Conference

If the violator requests an enforcement conference within the deadline set forth in the Notice of Violation, the Director of Community Development shall schedule a conference not less than ten days or more than 30 days after receiving the request, and shall provide the violator written notice of the time and place of the conference. At the conclusion of the conference, the Director of Community Development shall make a final determination of whether a violation exists and, if finding that a violation does exist, shall order the violator to undertake actions necessary to abate the violation within a stated deadline. The Director of Community Development shall also advise the violator of the right to appeal the final determination of violation to the Board of Zoning Adjustments in accordance with Section 23-2-4(S), Appeal.

(4)

Application of Remedies and Penalties; Referral to Community Court

On determining that the violator has failed to correct the violation by the time limit set forth in the final Notice of Violation (or any granted extension thereof) or at a subsequent enforcement conference, or has failed to timely appeal the Notice of Violation or final determination of violation in accordance with Section 23-2-4(S), Appeal, the Director of Community Development shall take appropriate action, as provided in Section 23-8-6, Remedies and Penalties, to correct and abate the violation and ensure compliance with this Ordinance, or may refer the violation to the Biloxi Community Court for a hearing and appropriate enforcement action.

(5)

Emergency Enforcement without Notice

On determining that delay in abating the violation would pose a danger to the public health, safety, or welfare, the Director of Community Development may seek immediate enforcement without prior written notice by invoking any of the remedies authorized in Section 23-8-6, Remedies and Penalties.

(6)

Repeat Violations

If the same violation is repeated by the same offender over any two-year period, the city may commence the application of remedies or penalties at the stage in the process where the previous violation was resolved.

(1)

Issuance of Stop Work Order

Whenever a building or structure is being constructed, demolished, renovated, altered, or repaired in violation of any applicable provision of this Ordinance, the Director of Community Development, City Engineer, or Building Official may issue a Stop Work Order. The Stop Work Order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation, and the action(s) necessary to lawfully resume work.

(2)

Revocation of Permit or Approval

The city may revoke any development permit or approval by written notice to the permit or approval holder when false statements or misrepresentations were made in securing the permit or approval, work is being or has been done in substantial departure from the approved application or plan, there has been a failure to comply with the requirements of this Ordinance, or a permit or approval has been mistakenly granted in violation of this Ordinance.

(3)

Injunction

When a violation occurs, the city may, either before or after the initiation of other authorized actions, apply to the appropriate court for a mandatory or prohibitory injunction ordering the offender to correct the unlawful condition or cease the unlawful use of the land in question.

(4)

Order of Abatement

In addition to an injunction, the city may apply for and the court may enter into an Order of Abatement as part of the judgment in the case. An Order of Abatement may direct any of the following actions:

a.

That buildings or other structures on the property be closed, demolished, or removed;

b.

That fixtures, furniture, or other moveable property be moved or removed entirely;

c.

That improvements, alterations, modifications, or repairs be made;

d.

That removed trees be replaced; or

e.

That any other action be taken as necessary to bring the property into compliance with this Ordinance.

(5)

Equitable Remedy

The city may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this Ordinance. The fact that other remedies are provided under general law or this Ordinance shall not be used by a violator as a defense to the city's application for equitable relief.

(6)

Execution of Court Decisions

The city may execute the Order of Abatement and will have a lien on the property in the nature of a mechanic's and materialman's lien for the cost of executing the order.

(7)

Denial or Withholding of Related Permits

The city may deny or withhold authorization to use or develop any land, structure, or improvements until an alleged violation related to such land, use, or development is corrected and any associated civil penalty is paid.

(8)

Additional Remedies for Demolition without Certificate of Appropriateness

If a structure, historic landmark, or historic landmark site is demolished without a required Certificate of Appropriateness, the City Council may impose any of the following additional remedies:

a.

Require the property owner to rebuild the demolished structure on the subject parcel, generally following the same form and using as much of the original building material as possible;

b.

Prohibit issuance of any development permit or approval for any structure proposed on the subject parcel that would have a footprint larger than that of the demolished structure;

c.

Prohibit issuance of any permit or approval for development on the subject parcel for a period of up to two years;

d.

Revoke the business license of the person(s) responsible for the demolition for a period of up to three years; or

e.

Prohibit issuance of any permit allowing curb cuts onto the subject parcel for a period of up to three years.

(9)

Additional Remedies for Removal, Destruction, or Damage of Vegetation

If existing trees are removed or damaged without a Tree Permit or in violation of a Tree Permit and its conditions, or vegetation required by this Ordinance is destroyed or damaged, the city may require the property owner or person responsible for the removal, destruction, or damage of the trees or vegetation to restore or replace the trees or vegetation within a specified reasonable time period with trees or other vegetation meeting the landscaping standards of Article 23-6: Development Standards.

(10)

Additional Remedies for Repeat Violations

On determining that a violator has repeatedly violated or been in the violation of this Ordinance over a period of at least six months, and that the violator is likely to continue to engage in activities resulting in future violations of this Ordinance, the Director of Community Development may impose any of the following additional remedies:

a.

Revoke other permits issued to the violator in accordance with this Ordinance;

b.

Suspend the violator's right to apply for or receive development permits and approvals in accordance with this Ordinance for a specified period of time;

c.

Require the violator to provide a performance guarantee against which the city can charge monetary penalties for future violations; or

d.

Require the violator to provide a performance guarantee against which the city may draw monies covering the city's costs in correcting the violations.

(1)

Pursuant to the Mississippi Code, § 39-13-17, any person convicted of violating the Certificate of Appropriateness and other historic preservation provisions of this Ordinance shall, on conviction, be guilty of a misdemeanor and subject to a fine of up to $500.00.

(2)

Pursuant to the Mississippi Code, § 61-7-27, any person convicted of violating those land use and height limitations applicable in the Airport Airspace Overlay district shall, on conviction, be guilty of a misdemeanor and subject to a fine of up to $500.00 and/or imprisonment for up to 30 days. Each day a violation continues to exist constitutes a separate offense.

(3)

Pursuant to Mississippi Code Section 21-13-1, any person convicted of removing or damaging existing trees without a Tree Permit or in violation of any Tree Permit will be subject to the provisions of Section 1-8-1 of this Code of Ordinances. Each day a violation continues to exist constitutes a separate offense.

(4)

Pursuant to Mississippi Code Section 17-1-27, any person convicted of violating provisions of this Ordinance other than those references in Sections 23-9-6(B)(1)—(3), above shall, on conviction, be guilty of a misdemeanor and subject to a fine of up to $100.00. In the case of continuing violations without a reasonable effort on the part of the violator to correct the violation, each day the violation continues thereafter shall be a separate offense.

In addition to any fine imposed, and regardless of the waiver or suspension of any fine, an assessment for the costs of court shall be imposed upon any person found to be in violation of this Ordinance.

The remedies and penalties provided for violations of this Ordinance, whether civil or criminal, shall be cumulative and in addition to any other remedy or penalty provided by law, and may be exercised in any order.

(Ord. No. 2293, § 5, 1-26-2016)