LEGAL PROVISIONS
Where other ordinances or regulations which may be adopted hereafter impose greater restrictions than those specified herein, compliance with such other ordinances or regulations is mandatory. Whenever the requirements of this appendix conflict or are in any way inconsistent with the requirements of any other lawfully adopted statutes, rules, regulations, ordinances, the most restrictive, or that imposing higher standards, shall govern, unless otherwise specifically stated in this appendix. No certificate of zoning compliance or plat approval shall be issued or considered valid for any use or activity which is or would be otherwise illegal under the terms of any applicable local, state, or federal law. This appendix shall not lower the restrictions of plats, deeds, or private contracts.
All previously adopted zoning ordinances or parts of zoning ordinances are hereby repealed to give this appendix full force and effect.
If any section, clause, provision, or portion of this appendix shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision, or portion of this appendix which is not, in and of itself, invalid or unconstitutional.
Any failure to comply with the applicable requirements of this appendix shall constitute a violation of these regulations under Title 11, Chapter 52, Section 83 of the Code of Alabama, 1975, as amended. Any such violation shall be punishable by a fine of up to $500.00 and or imprisonment of not more than six months, as provided in accordance with Title 11, Chapter 45, Section 9 of the Code of Alabama, 1975, as amended. Where such a violation has been confirmed to exist by the enforcement officer, the violation shall be cured in accordance with the administrative procedures outlined in article VIII, section 8.04 of these regulations.
A property owner may impose bylaws, covenants, and deed restrictions upon any private property. Once any such bylaws, covenants, and deed restrictions have been recorded, they can be administered only by the owner of the property, and they may be enforced only by private legal action through a court of competent jurisdiction. The City of Heflin and the Heflin Planning Commission are in no way liable for and assumes no responsibility to approve, enforce, amend, or administer any duly adopted or recorded bylaws, covenants, and deed restrictions. Furthermore, advance knowledge by the city prior to final plat approval that any such bylaws, covenants, and deed restrictions will be imposed by the land owner shall in no way constitute implied authority or responsibility to approve, enforce, amend, or administer any subsequently adopted or recorded restrictive covenants or bylaws. Finally, no such authority shall be implied by the granting of a zoning permit for any development activity on a property for which special bylaws, covenants, or deed restrictions have been or will be imposed.
LEGAL PROVISIONS
Where other ordinances or regulations which may be adopted hereafter impose greater restrictions than those specified herein, compliance with such other ordinances or regulations is mandatory. Whenever the requirements of this appendix conflict or are in any way inconsistent with the requirements of any other lawfully adopted statutes, rules, regulations, ordinances, the most restrictive, or that imposing higher standards, shall govern, unless otherwise specifically stated in this appendix. No certificate of zoning compliance or plat approval shall be issued or considered valid for any use or activity which is or would be otherwise illegal under the terms of any applicable local, state, or federal law. This appendix shall not lower the restrictions of plats, deeds, or private contracts.
All previously adopted zoning ordinances or parts of zoning ordinances are hereby repealed to give this appendix full force and effect.
If any section, clause, provision, or portion of this appendix shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision, or portion of this appendix which is not, in and of itself, invalid or unconstitutional.
Any failure to comply with the applicable requirements of this appendix shall constitute a violation of these regulations under Title 11, Chapter 52, Section 83 of the Code of Alabama, 1975, as amended. Any such violation shall be punishable by a fine of up to $500.00 and or imprisonment of not more than six months, as provided in accordance with Title 11, Chapter 45, Section 9 of the Code of Alabama, 1975, as amended. Where such a violation has been confirmed to exist by the enforcement officer, the violation shall be cured in accordance with the administrative procedures outlined in article VIII, section 8.04 of these regulations.
A property owner may impose bylaws, covenants, and deed restrictions upon any private property. Once any such bylaws, covenants, and deed restrictions have been recorded, they can be administered only by the owner of the property, and they may be enforced only by private legal action through a court of competent jurisdiction. The City of Heflin and the Heflin Planning Commission are in no way liable for and assumes no responsibility to approve, enforce, amend, or administer any duly adopted or recorded bylaws, covenants, and deed restrictions. Furthermore, advance knowledge by the city prior to final plat approval that any such bylaws, covenants, and deed restrictions will be imposed by the land owner shall in no way constitute implied authority or responsibility to approve, enforce, amend, or administer any subsequently adopted or recorded restrictive covenants or bylaws. Finally, no such authority shall be implied by the granting of a zoning permit for any development activity on a property for which special bylaws, covenants, or deed restrictions have been or will be imposed.