- ENFORCEMENT; PENALTIES; VALIDITY
(a)
The administrative official shall be responsible for the interpretation, administration and enforcement of this chapter. No oversight or dereliction on the part of the administrative official or on the part of any city official or employee of the city shall legalize, authorize, or excuse the violation of any provision of this chapter.
(b)
In interpreting and applying the provisions of this chapter, the provisions of this chapter shall be deemed to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare of the city. It is not intended by this chapter to interfere with or annul any easement covenants or other agreements between parties, except if this chapter imposes a greater restriction.
(c)
If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or if a building, other structure, or land is used in violation of this chapter, the city council may, in addition to other remedies, institute appropriate civil action to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate the violation or to prevent the occupancy of the building, structure or land or prevent any illegal act, conduct, business or use on or about the premises. The city shall be entitled to recover its reasonable attorney's fees and expenses for prosecuting any such action to a successful conclusion.
(Ord. No. 120910-01, § 1(ch. 6, § 1), 12-9-2010)
Any person or entity violating any of the provisions of this chapter shall upon conviction be fined a sum not to exceed $2,000.00 per day and each and every day that the provisions of this chapter are violated shall constitute a separate and distinct offense. In addition to the penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district where such property owner may be affected or invaded by a violation of the terms of this chapter to bring suit in such court having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners.
(Ord. No. 120910-01, § 1(ch. 6, § 2), 12-9-2010)
The issuance or granting of a permit or approval of plans or plats, site or facility designs, or specifications shall not be construed to be a permit for, or an approval of, any violation of any provision of this chapter or any other city ordinance. No permit purporting to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use that it authorizes is lawful and conforms to the requirements of this chapter or a variance, exception, or modification granted pursuant to this chapter.
(Ord. No. 120910-01, § 1(ch. 6, § 3), 12-9-2010)
- ENFORCEMENT; PENALTIES; VALIDITY
(a)
The administrative official shall be responsible for the interpretation, administration and enforcement of this chapter. No oversight or dereliction on the part of the administrative official or on the part of any city official or employee of the city shall legalize, authorize, or excuse the violation of any provision of this chapter.
(b)
In interpreting and applying the provisions of this chapter, the provisions of this chapter shall be deemed to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare of the city. It is not intended by this chapter to interfere with or annul any easement covenants or other agreements between parties, except if this chapter imposes a greater restriction.
(c)
If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or if a building, other structure, or land is used in violation of this chapter, the city council may, in addition to other remedies, institute appropriate civil action to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate the violation or to prevent the occupancy of the building, structure or land or prevent any illegal act, conduct, business or use on or about the premises. The city shall be entitled to recover its reasonable attorney's fees and expenses for prosecuting any such action to a successful conclusion.
(Ord. No. 120910-01, § 1(ch. 6, § 1), 12-9-2010)
Any person or entity violating any of the provisions of this chapter shall upon conviction be fined a sum not to exceed $2,000.00 per day and each and every day that the provisions of this chapter are violated shall constitute a separate and distinct offense. In addition to the penalty provided for, the right is hereby conferred and extended upon any property owner owning property in any district where such property owner may be affected or invaded by a violation of the terms of this chapter to bring suit in such court having jurisdiction thereof and obtain such remedies as may be available at law and equity in the protection of the rights of such property owners.
(Ord. No. 120910-01, § 1(ch. 6, § 2), 12-9-2010)
The issuance or granting of a permit or approval of plans or plats, site or facility designs, or specifications shall not be construed to be a permit for, or an approval of, any violation of any provision of this chapter or any other city ordinance. No permit purporting to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use that it authorizes is lawful and conforms to the requirements of this chapter or a variance, exception, or modification granted pursuant to this chapter.
(Ord. No. 120910-01, § 1(ch. 6, § 3), 12-9-2010)