(1-1)

Zoning and occupancy permits issued on the basis of plans and applications approved by the zoning administrator shall authorize only the use, arrangement and construction set forth in such permits, plans, and certificates, and no other. The use, arrangement, or construction at variance with that authorization shall be deemed a violation of this ordinance.

(1-2)

All departments, officials and public employees of the City of Covington, which are vested with the duty or authority to issue permits or licenses, shall do so in conformance with the provisions of this ordinance. Such departments and personnel shall issue certifications or permits for uses, buildings or purposes only when they are in harmony with the provisions of this ordinance. Any such certification or permit, if issued in conflict with the provisions of this ordinance, shall be null and void.

(Ord. No. O-20-14, 6-14-2022)

Whenever the zoning administrator receives a written, signed complaint or a duly completed complaint form alleging a violation of this ordinance, he shall investigate the complaint, take whatever action is warranted, and inform the complainant of what actions have been or will be taken.

(Ord. No. O-20-14, 6-14-2022)

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

(Ord. No. O-20-14, 6-14-2022)

(4-1)

If the zoning administrator finds that any provision of this ordinance is being violated, a written notice shall be forwarded to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.

(4-2)

In cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the zoning administrator may seek enforcement without prior written notice by posting an order to "cease and desist", and by invoking any of the penalties or remedies authorized in this ordinance.

(4-3)

The zoning administrator in consultation with the city attorney may pursue other legal remedies as may be necessary.

(Ord. No. O-20-14, 6-14-2022)

(5-1)

Violating, causing or permitting the violation of, or otherwise disregarding any of the provisions of this ordinance by any person, firm or corporation, whether as principal, agent, owner, lessee, employee or other similar position, shall be unlawful and subject to the following:

(5-1.1)

Criminal sanctions. Upon conviction, shall be guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00), nor more than one thousand dollars ($1,000.00). Failure to remove or abate a zoning violation shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding thirty-day period shall constitute a separate misdemeanor offense for each thirty-day period punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00).

(5-1.2)

Injunctive relief. Any violation or attempted violation of this ordinance may be restrained, corrected or abated as the case may be by injunction or other appropriate relief.

(5-1.3)

Civil penalties.

(i)

Each day during which a violation is found to exist shall be a separate offense. However, in no event shall a specified violation arising from the same set of operative facts be charged more frequently than once in a ten-day period and in no event shall a series of such violations result in civil penalties of more than five thousand dollars ($5,000.00). Such civil penalty shall be in lieu of criminal sanctions. However, in the event such civil penalties total five thousand dollars ($5,000.00) or more, the violation may be prosecuted as a criminal misdemeanor.

(ii)

The zoning administrator and his designee may issue a civil summons as provided by law for a scheduled violation. Any person summoned for a scheduled violation may make an appearance in person or in writing by mail to the city treasurer prior to the date fixed for trial in court. Any person as appearing may enter a waiver of trail, admit liability and pay the civil penalty established for the offense(s) charged. Such persons shall be informed of their right to stand trial and that signature to an admission of liability will have the same force and effect as a judgement of court.

(iii)

If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. In any trial for a violation, it shall be the burden of the zoning administrator or his or her designee to show the liability of the violator by a preponderance of the evidence. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the zoning ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six (6) months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.

(Ord. No. O-20-14, 6-14-2022)

No provision herein shall be construed to allow the imposition of civil penalties for (i) enforcement of the Uniform Statewide Building Code; (ii) activities related to land development or activities related to the construction or repair of buildings and other structures; (iii) violations of the erosion and sediment control ordinance; or (iv) violations resulting in injury to any person or persons.

(Ord. No. O-20-14, 6-14-2022)