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Grundy County Unincorporated
City Zoning Code

CHAPTER 15

ENFORCEMENT, INTERPRETATION, AND SEVERABILITY

8-15-1-1: VIOLATIONS PROCEDURES:

Whenever there is found a violation of the terms of this UDO, the land use department shall at once issue written notice to the owner and any other party responsible, specifying the nature of the violation and citing the provisions of this UDO which are violated, and said owner and any other party shall at once take appropriate steps to correct said violation. In case of failure by the owner or other responsible party to correct the violation within a reasonable time, the land use department shall initiate action or proceeding as shall secure compliance with the applicable provisions of this title. It shall be the duty of the land use department to enforce the provisions of this UDO and to bring to the attention of the county state's attorney any violations or lack of compliance. (Ord. 10-001, 1-12-2010)

8-15-1-2: PENALTY:

Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or resists enforcement of any of the provisions of this UDO shall, upon conviction, be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Other actions may be taken by law or in equity to prevent or to remedy any violation of this title, and these remedies shall be in addition to any other penalties. (Ord. 10-001, 1-12-2010)

8-15-2: INTERPRETATION:

In their application, the provisions of this UDO shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, convenience, and general welfare, and the provisions shall be interpreted in accordance with the following:
   A.   Conflicting Provisions: Where the conditions imposed by any provision of this UDO are either more restrictive or less restrictive than comparable standards imposed by any other provision of this UDO or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements, shall govern.
   B.   Abrogation And Greater Restrictions: This UDO is not intended to abrogate any easements, covenants, or other private agreements, provided that, where the regulations of this title are more restrictive or impose higher standards or requirements than such easement, covenants, or other private agreements, the requirements of this title shall govern.
   C.   Existing Buildings, Structures, And Uses: No building, structure, or use not lawfully existing at the effective date hereof shall become or be made lawful solely by reason of the adoption of this UDO and to the extent that, and in any manner that said unlawful building, structure, or use is in conflict with the requirements of this UDO, said building, structure, or use remains unlawful under the provisions of this UDO. (Ord. 10-001, 1-12-2010)

8-15-3: SEVERABILITY:

   A.   Generally: If any division, section, paragraph, clause, provision, or portion of this UDO is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this UDO shall not be affected. If any application of this UDO to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.
   B.   Signs: With respect to chapter 5, "Signs", of this title, the following severability provisions shall apply:
      1.   Severability Generally: If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of chapter 5, "Signs", of this title, or any other provision of this UDO related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of chapter 5, "Signs", of this title, or this UDO.
      2.   Severability Of Provisions If Adjudicated Stricken Due To A Content Basis: It is the intent of the county board to regulate signage in a manner that implements the purposes of chapter 5, "Signs", of this title, as expressed therein. The county finds that the purposes stated in chapter 5, "Signs", of this title, are legitimate, substantial, and compelling public interests, that the regulation of signage provided by chapter 5, "Signs", of this title, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation therein to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the county board that only that portion of the provision that is found to relate to content be severed from this UDO, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the county board that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of sign area. (Ord. 10-001, 1-12-2010)