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Doraville City Zoning Code

ARTICLE XXI

LEGAL STATUS PROVISIONS

Sec. 23-2101.- Provisions of chapter declared to be minimum requirements.

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, aesthetics, or general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinance, deed restrictions, or covenants, the most restrictive or that imposing higher standards shall govern.

Sec. 23-2102. - Penalties and violation.

It is unlawful to violate the provisions of this chapter or to fail to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances, special exceptions or conditional uses).

Any violation of this chapter shall be subject to punishment as provided in section 1-12 of the Municipal Code of the City of Doraville, Georgia with a minimum fine of five hundred dollars ($500.00). Each day such violation continues shall be considered a separate offense.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person may each be found guilty of a separate offense and suffer the penalties herein provided.

Nothing herein contained shall prevent the City of Doraville from taking such other lawful action as is necessary to prevent or remedy any violation.

Sec. 23-2103. - Remedies.

If any building or structure is constructed, reconstructed, altered, repaired, converted or maintained or if any building, structure or land is used in violation of this chapter, the City Council, the building inspector, or any adjacent property owner who would be damaged by such violation, in addition to other remedies, may institute an injunction, mandamus or other appropriate action in proceeding to stop the violation in the case of such building, structure, or land use.

Sec. 23-2104. - Severability.

If any clause, subsection, section, sentence, phrase or portion of this chapter shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this chapter as applied to any situation or set of facts or circumstances shall be declared invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed to affect the portion of this chapter not so held to be invalid or the application of the chapter to certain other circumstances not so held to be invalid. It is the intent that this chapter would have been adopted if such invalid portions had not been included herein.

Sec. 23-2105. - Repeal of conflicting resolution.

All conflicting ordinances including the Zoning Resolution of the City of Doraville of 1971 as amended, or parts of other ordinances in conflict with this chapter, are hereby repealed to the extent necessary to give this chapter full force and effect.