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Evart City Zoning Code

ARTICLE XIII

VIOLATIONS AND PENALTIES

Sec. 44-522.- Penalties.

(a)

Any person who shall violate any provision of this chapter, or who fails to comply with any of the regulatory measures or conditions of the board of appeals adopted pursuant hereto, shall, upon conviction thereof, be fined not to exceed $500.00 or may be imprisoned not to exceed 90 days, or may be both fined and imprisoned in the discretion of the court, and each day such violation continues shall be deemed a separate offense.

(b)

Any person who violates, disobeys, omits, neglects, refuses to comply with or resists the enforcement or any term or provision of this article or any amendment thereof shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00 or shall be imprisoned for not more than 90 days or both. Such fine and imprisonment is the discretion of the court. Each and every day during which any violation continues shall be deemed a separate offense. The duly authorized attorney for the city is empowered to prosecute such violations.

(Ord. of 11-6-2017, § 13.1; Res. No. 2019-27, 9-3-2019)

Sec. 44-523. - Municipal civil infraction.

Any person, partnership, corporation, or association who creates or maintains a nuisance per se or who violates or fails to comply with any provision of this chapter or any permit issued pursuant to this article shall be responsible for a municipal civil infraction punishable as provided in section 1-13. Every day that such violation continues shall constitute a separate and distinct offense under the provisions of this article. Nothing in this section shall exempt the offender from compliance with the provisions of this chapter.

(Ord. of 11-6-2017, § 13.2)

Sec. 44-524. - Nuisance abatement.

In addition to enforcing this chapter as a municipal civil infraction the city may initiate proceedings in the circuit court to abate or eliminate the nuisance per se or any other violation of this chapter.

(Ord. of 11-6-2017, § 13.3)