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Bossier City City Zoning Code

ARTICLE 17

- ENFORCEMENT AND PENALTIES

Sec. 17.1 - Violations.

Any of the following shall be a violation of this Code:

17.1.1

To use or attempt to use any land, building or temporary structure in any way not consistent with the requirements of this Code;

17.1.2

To erect or attempt to erect a building or other structure in any way not consistent with the requirements of this Code;

17.1.3

To engage or attempt to engage in the development or subdivision of land in any way not consistent with the requirements of this Code;

17.1.4

To transfer title to any lots or parts of a development unless the land development plan or subdivision has received all approvals required under this Code and an approved plan or plat, if required, has been filed in the appropriate Parish office;

17.1.5

To submit for recording with a Parish office any subdivision plat or other land development plan that has not been approved in accordance with the requirements of this Code;

17.1.6

To install or use a sign in any way not consistent with the requirements of this Code;

17.1.7

To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land or any other activity requiring one or more approvals or permits under this Code without obtaining all such required approvals or permits.

17.1.8

To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land or any other activity requiring one or more approvals or permits under this Code in any way inconsistent with any such approval or permit and any conditions imposed;

17.1.9

To use land for any purpose other than as specifically identified on an approved site development plan (e.g. using designated open space, parking spaces or walkways for display or storage; parking in open space or buffer areas) or as otherwise required by this Code;

17.1.10

To violate the terms of any approval or permit granted under this Code or any condition imposed on such approval or permit;

17.1.11

To obscure or obstruct any notice required to be posted or otherwise given under this Code;

17.1.12

To violate any lawful order issued by any person or entity under this Code;

17.1.13

To continue any violation as defined above, with each day of continued violation to be considered a separate violation for purposes of computing cumulative civil or criminal penalties.

Sec. 17.2 - Enforcement Responsibility, Complaints.

17.2.1

Responsibility. The responsibility for the enforcement of this Code is delegated to the Executive Director.

17.2.2

Notice. If the Executive Director or an official designee shall find that any of the provisions of this Code are being or have been violated, he/she shall notify in writing the person responsible for such violations, setting forth the nature of the violation and order the action necessary to correct it.

17.2.3

Complaints.

A.

Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a signed written complaint with the Planning and Zoning office. Such complaint shall state fully the causes and basis thereof.

B.

The Executive Director shall properly record such complaint, and investigate to determine the validity of the charge, and take whatever action is necessary to assure compliance with this Code.

17.2.4

Authority. The Executive Director and inspection staff of the MPC office or Bossier City and Bossier Parish Inspections Department shall have the authority to enter upon the premises subject to this Code for the purpose of enforcing the provisions of this Code.

Sec. 17.3 - Enforcement Actions by City or Parish.

On behalf of the City or Parish, the Executive Director may take any one or more of the following actions as a remedy for any violation of this Code.

17.3.1

Withhold or revoke any approvals, permits or Certificates of Occupancies required by this Code.

17.3.2

Issue stop orders against any work undertaken by an entity not having a proper approval or permit required by this Code.

17.3.3

Issue stop orders against any previously approved actions in violation of this Code.

17.3.4

Request the Bossier City Permits Department and/or Bossier Parish building code enforcement authority to issue a stop order on any previously approved building permits.

17.3.5

Bring an action for an injunction (or, in appropriate cases, for mandamus) to prevent the violation and/or to prevent the occupancy or use of any site or structure involved in the violation.

17.3.6

Bring an action for injunction or mandamus to abate a violation.

17.3.7

Prosecute the violation as a misdemeanor.

Sec. 17.4 - Other Enforcement Actions.

An adjacent or neighboring property owner who would be specially damaged by any violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure or land. This is in addition to the right of the City or Parish to bring an enforcement action.

Sec. 17.5 - Impoundment of Signs.

17.5.1

In addition to other remedies listed above, the Executive Director shall have the authority to remove and hold any sign or sign structure subject to impoundment by the provisions of this Code.

17.5.2

The following signs shall be subject to impoundment:

A.

Any prohibited temporary or portable sign, as listed in Subsection 8.2.4, is subject to impoundment without notice to the owner.

B.

Any sign that is installed or used in any way not consistent with these requirements of this Code, provided that notice has been given as set forth in Subsection 3.4.1 A, and no action has been taken by the owner within the specified timeframe.

C.

The owner of an impounded sign or sign structure may recover same upon the payment of $50.00 for each sign plus the costs of removal. In the event it is not claimed within 10 days from the date of impoundment, the Executive Director shall have authority to dispose of such sign or sign structure without compensation to the owner.

Sec. 17.6 - Violations Under Previous Zoning Ordinance Continue.

17.6.1

Any violation of the Bossier City-Parish Zoning Ordinance (Bossier City Ordinance No. 33 of 1978 and Bossier Parish Ordinance No. 783 of 1978) that was in effect prior to the adoption of this Code shall continue to be a violation. Resolving the violation shall require conformance to the regulations in effect at the time the violation is terminated, not regulations that may have been in effect at the time the violation was initiated.

17.6.2

Any violation that was not discovered by the Metropolitan Planning Commission under the previous Ordinances shall be resolved under the provisions of this Code. The lack of prior enforcement shall not constitute any degree of recognition, approval or entitlement.

Sec. 17.7 - Penalties.

17.7.1

Fine and Imprisonment. Any person violating any provisions of this Code shall be guilty of a misdemeanor and upon the conviction thereof shall forfeit and pay such penalties as the court may decide as prescribed by Louisiana law, not to exceed $500.00 or 30 days imprisonment or both for each violation. Each day's continued violation shall constitute a separate offense.

17.7.2

Further Penalties. In the event any development activity is undertaken prior to approval and issuance of a zoning permit and if the developer is declared guilty by a court of competent jurisdiction in accordance with the provisions of this Article, in addition to other prescribed remedies in this Article, the Executive Director shall not consider the developer's application for site plan approval and subsequent issuance of a zoning permit for that project for a period not to exceed 90 days from the date of determination of violation.

17.7.3

Other Action. Nothing herein shall prevent the City or Parish from taking such other lawful action as is necessary to prevent or remedy any violation.