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Diamond City Zoning Code

ARTICLE VIII

Violations

Section 405.360 Violations and Penalties.

[Ord. No. 227 §1(94.030), 10-4-1999]
A. 
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of the zoning ordinance or other regulation made under authority conferred thereby, the City, through its designated representatives, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Such regulations shall be enforced by the City which is empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist in violation of any provisions of this zoning ordinance.
B. 
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, constructor or any other person who commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable pursuant to Section 100.220 of the Code of the City of Diamond for each and every day that such violation shall continue.
C. 
Any such person who, having been served with an order to remove or to cease any such violation, shall fail to comply with said order within ten (10) days, or a time limit commiserate with the violation as determined by the City, after such service and shall continue to violate any provision of the zoning ordinance in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00); and each day that such failure to obey the said order continues shall be a separate offense.
D. 
No person shall permit, cause, keep, maintain or do any nuisance or contribute to the same as defined by the laws of this State, provisions of the Code of the City of Diamond, or the ordinances of the City of Diamond or cause or permit to be committed, caused or maintained any nuisance within the corporate limits of the City or within one (1) mile of the corporate limits of the City and, in the event of such, any violation of this Chapter shall constitute a nuisance as defined by Chapter 215 and all provisions of Chapter 215 of the Code of the City of Diamond shall apply herein.