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Douglas City Zoning Code

ARTICLE 14

- VIOLATIONS AND PENALTIES

Sec. 1401.- Violations declared to be a nuisance.

Any structure upon which construction is started, or any structure which is altered, enlarged or repaired, or any use of land which is begun or changed after enactment of this Ordinance, and which is in violation of any of its provisions, is hereby declared a nuisance per se. Any court of competent jurisdiction shall order such nuisance, abated and the owner or agent in charge of such building or premises shall be judged guilty of maintaining a nuisance per se. Any person who violates any provision of this Ordinance, the owner of any structure of land or part thereof, and any person, architect, builder, contractor, plumber or agent employed in connection therewith, who has assisted knowingly in the commission of any such violations, shall be guilty of a separate offense, and upon conviction thereof such, be liable to the penalties herein provided.

Sec. 1402. - Complaints regarding violations.

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof, and shall be filed with Development Services or the City Clerk. Such complaints shall be properly recorded, and investigated and documented prior to take-taking action as provided by this Ordinance, and as authorized in other chapters of the Douglas Municipal Code relating to public health, nuisances, hazards and abatement.

(Ord. No. 23-1166, § 2, 7-12-2023)

Sec. 1403. - Penalties.

Any violation of this Ordinance shall be punishable by a fine not to exceed One Hundred Dollars ($100.00), as scheduled in Article 13, or imprisonment in the city jail not to exceed twenty (20) days, or by both such fine and imprisonment, in the discretion of the court. Each day that a violation is willfully permitted to exist shall constitute a separate offense. The imposition of any sentence shall not exempt the offender from compliance with the requirement of this Ordinance.

(Ord. No. 23-1166, § 2, 7-12-2023)

Sec. 1404. - Correction of violations.

Should the City of Douglas deem any violation to be such a nuisance to safety, or if a violator refuses to correct the violation, the City may undertake the expense of correcting said violation. A lien may be issued against the owner of the property in question until he reimburses the City for corrections made. Should no effort at reimbursement be forth coming within sixty (60) days, the City becomes the legal owner of the property.