Florence City Zoning Code
Division 6
Penalties and Enforcement
§ 14.02.151 Effect of interpretation.
This article establishes the minimum requirements for the City. Ordinances are not intended to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties.
(Ordinance 02062024-01 adopted 2/8/2024)
§ 14.02.152 Preserving rights in pending litigation and violations under existing ordinances.
By the passage of this article, 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. It is further the intent and declared purpose of this article 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penalty, or forfeiture, either civil or criminal, incurred prior to the time the existing Zoning Ordinance was repealed and this Zoning Ordinance adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties, or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may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed.
(Ordinance 02062024-01 adopted 2/8/2024)
§ 14.02.153 Stop orders.
Whenever any work is being done contrary to the provisions of this article, 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.
(Ordinance 02062024-01 adopted 2/8/2024)
§ 14.02.154 Permit revocation.
A violation of this article shall authorize the Mayor/City Secretary or his/her designee to cancel any permit depending in whole or in part on any approval under this article. 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 article, as required by the Mayor/City Secretary or his/her designee, have been made and approved in accordance with the provisions of this article and a new permit has been issued.
(Ordinance 02062024-01 adopted 2/8/2024)
§ 14.02.155 Denial of approvals and permits.
A violation of this article shall authorize the Mayor/City Secretary or his/her designee to deny any approvals or permits sought by the person violating this article under the applicable ordinances of the City.
(Ordinance 02062024-01 adopted 2/8/2024)
§ 14.02.156 Penalties and injunctive relief.
Any person violating this article, upon conviction, is punishable by a fine in accordance with the following:
(1)
Civil and criminal penalties.
The City shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance. The City is expressly authorized to file a lien and/or take any other action as it may deem appropriate in order to enforce or secure enforcement of this article.
(2)
Criminal prosecution.
Any person violating any provision of this article shall, upon conviction, be fined a sum not exceeding two thousand dollars ($2,000.00). Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(3)
Civil remedies.
Nothing in this article shall be construed as a waiver of the City's right to bring a civil action to enforce the provisions of this article, and to seek remedies as allowed by law, including, but not limited to the following:
(A)
Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance; and
(B)
A civil penalty up to one thousand dollars ($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
(C)
Other available relief.
(Ordinance 02062024-01 adopted 2/8/2024)