PENALTY, SEVERABILITY, PRESERVATION OF RIGHTS
(a)
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction, shall be punished by a penalty of fine not to exceed the sum of $2,000.00 for each offense, and each and every day such offense continues shall constitute a new and separate offense.
(b)
The city may pursue civil injunctive relief to restrain any violation of the terms of this chapter, may enforce this chapter by civil means in the city's name, and may pursue any lawful remedies available under state law to prevent or restrain any violation of this chapter.
(c)
The remedies provided for in this article are cumulative and not exclusive, and are in addition to any other remedy as may be authorized by state law.
(Ordinance 06-09, § 2, 3-23-06)
If any section, paragraph, subdivision, clause, phrase or provision of this chapter shall be adjudged invalid, unenforceable or unconstitutional, the same shall not affect the validity of this chapter as a whole or any part or provision thereof other than the part so decided to be invalid, unenforceable or unconstitutional.
(Ordinance 06-09, § 2, 3-23-06)
By the passage of this chapter [Ordinance No. 06-09], 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, as the case may be. It is further the intent and declared purpose of this chapter 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penalty, or forfeiture, either civil or criminal, incurred prior to the time the existing zoning ordinance was repealed and this chapter adopted, shall be discharged or affected by such repeal; but prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted or causes presently pending proceeded with in all respects as if such prior ordinance had not been repealed. Any pending civil litigation filed prior to the time the existing zoning ordinance was repealed and this chapter adopted that involves rights or duties in regard to the repealed ordinance shall proceed in all respects as if such prior ordinance had not been repealed and this chapter had not been adopted.
(Ordinance 06-09, § 2, 3-23-06)
Illustration 122-1
(a)
Acceptable façade types.
(b)
Unacceptable façade types.
(Ordinance 2017-12, § 5, 7-13-17)
PENALTY, SEVERABILITY, PRESERVATION OF RIGHTS
(a)
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction, shall be punished by a penalty of fine not to exceed the sum of $2,000.00 for each offense, and each and every day such offense continues shall constitute a new and separate offense.
(b)
The city may pursue civil injunctive relief to restrain any violation of the terms of this chapter, may enforce this chapter by civil means in the city's name, and may pursue any lawful remedies available under state law to prevent or restrain any violation of this chapter.
(c)
The remedies provided for in this article are cumulative and not exclusive, and are in addition to any other remedy as may be authorized by state law.
(Ordinance 06-09, § 2, 3-23-06)
If any section, paragraph, subdivision, clause, phrase or provision of this chapter shall be adjudged invalid, unenforceable or unconstitutional, the same shall not affect the validity of this chapter as a whole or any part or provision thereof other than the part so decided to be invalid, unenforceable or unconstitutional.
(Ordinance 06-09, § 2, 3-23-06)
By the passage of this chapter [Ordinance No. 06-09], 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, as the case may be. It is further the intent and declared purpose of this chapter 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 chapter 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. Any pending civil litigation filed prior to the time the existing zoning ordinance was repealed and this chapter adopted that involves rights or duties in regard to the repealed ordinance shall proceed in all respects as if such prior ordinance had not been repealed and this chapter had not been adopted.
(Ordinance 06-09, § 2, 3-23-06)
Illustration 122-1
(a)
Acceptable façade types.
(b)
Unacceptable façade types.
(Ordinance 2017-12, § 5, 7-13-17)