In interpreting and applying the provisions of this chapter, they shall be held to [be] the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by agreements, the provisions of this chapter shall govern.

By the passage of this chapter, no presently illegal use shall be deemed to have been legalized unless specifically such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this chapter that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was repealed and this zoning ordinance adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed.

Whenever any work is being done contrary to the provisions of this chapter, the city may order the work stopped by notice in writing (referred to as a "stop work order") served on any persons engaged in the doing or causing such work to be done. The stop work order shall be posted on the property adjacent to the activity in question, and any such person shall forthwith stop work until authorized by the city to proceed with the work.

A violation of this chapter shall authorize the city administrator or city administrator's designee to cancel any permit depending in whole or in part on any approval under this chapter. If a permit is canceled, no further work shall be done on the project made the subject of the permit until the violation has been cured and new submittals under this chapter, as required by the city administrator or city administrator's designee, have been made and approved in accordance with the provisions of this chapter and a new permit has been issued.

A violation of this chapter shall authorize the city administrator or city administrator's designee to deny any approvals or permits sought by the person violating this chapter under articles 9.400 and 11.100 of the Code of Ordinances of the city.

Editor's note— The reference to "Articles 9.400 and 11.100" in this section is as set out in the original text of the zoning ordinance, and does not relate to the numbering in the current Code of Ordinances.

6.6.1.

Any person violating this chapter, upon conviction, is punishable by a fine in accordance with the following:

(a)

Civil and criminal penalties: The city shall have the power to administer and enforce the provisions of this chapter as may be required by governing law. Any person violating any provision of this chapter is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this chapter is hereby declared to be a nuisance.

(b)

Criminal prosecution: Any person violating any provision of this chapter shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this chapter is violated shall constitute a separate offense. An offense under this chapter is a misdemeanor.

(c)

Civil remedies: Nothing in this chapter shall be construed as a waiver of the city's right to bring a civil action to enforce the provisions of this chapter, and to seek remedies as allowed by law, including, but not limited to the following:

(1)

Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance;

(2)

A civil penalty up to $1,000.00 a day (with each day constituting a separate offense and separate violation) when it is shown that the defendant was actually notified of the provisions of the ordinance and after receiving notice committed acts in violation of the ordinance or failed to take action necessary for compliance with the ordinance; and

(3)

Other available relief.

6.6.2.

Any person violating this chapter is subject to suit for injunction as well as prosecution for criminal violations.

Any person violating this chapter may agree with the city to remit one or more forms of administrative penalties in lieu of municipal court or district court enforcement.