The City Council or its duly authorized representative as specified in this chapter is hereby charged with the duty of enforcing the provisions of this chapter. Accordingly, the administration of this chapter is hereby vested in the following City entities:

   (a)   Building Official and other enforcement officials;

   (b)   City Council; and

   (c)   City Planning Commission.

The purpose of this part of the Zoning Ordinance is to set forth the responsibilities and scope of authority of these entities.

(Res. 98-529A. Passed 12-21-98; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)

   (b)   Responsibilities of the Building Official and Assistants. In addition to specific responsibilities outlined elsewhere in this chapter, and in addition to specific responsibilities related to enforcement and administration of the adopted Building Code, the Building Official or his duly authorized assistants shall have the following responsibilities:

      (1)   Provide citizens and public officials with information relative to this chapter and related matters.

      (2)   Assist applicants in determining and completing appropriate forms and procedures related to site plan review, rezoning, and other zoning matters.

      (3)   Review all applications for site plan review, special land use review, and planned development, and take any action required under the guidelines in Chapters 1262, 1264, 1288, 1289, and 1296.

      (4)   Forward to the Planning Commission all applications for site plan review, special land use review, planned unit development proposals, petitions for amendments to this chapter, and other applications which must be reviewed by the Planning Commission.

      (5)   Forward to the Zoning Board of Appeals all materials related to applications for appeals, variances, of other matters on which the Zoning Board of Appeals is required to act.

      (6)   Forward to the City Council all recommendations of the Planning Commission concerning matters on which the City Council is required to take final action.

      (7)   Periodically report to the Planning Commission on the status of City's zoning and planning administration.

      (8)   Maintain up-to-date Zoning Map, Zoning Ordinance text, and office records by recording all amendments and filing all official minutes and documents in an orderly fashion.

      (9)   Maintain records as accurately as is feasible of all nonconforming uses, structures, and lots existing on the effective date of this chapter, and update this record as conditions affecting the nonconforming status of such uses changes.

      (10)   Review and investigate permit applications to determine compliance with the provisions of the Zoning Ordinance.

      (11)   Issue building or other appropriate permits when all provisions of this chapter and other applicable ordinances have been complied with.

      (12)   Issue certificates of occupancy in accordance with this chapter when all provisions of this chapter and other applicable ordinances have been complied with.

      (13)   Perform inspections of buildings, structures, and premises to insure proposed land use changes or improvements are and will remain in compliance with this chapter.

      (14)   Investigate alleged violations of this chapter and enforce appropriate corrective measures when required, including issuance of violation notices, issuance of orders to stop work, and revoking of permits.

      (15)   Perform other related duties required to administer this chapter.

      (1)   Prepare and administer such plans and ordinances as are appropriate for the City and its environs, within the scope of the Michigan planning and zoning enabling acts.

      (2)   Advise and assist the Planning Commission and be responsible for carrying out the directives of the Planning Commission.

      (3)   Advise and assist the City Council and be responsible for carrying out the directives of the City Council.

      (4)   Provide citizens and public officials with information relative to this chapter and related matters.

      (5)   Assist applicants in determining the appropriate forms and procedures related to site plan review, rezoning, and other zoning matters.

      (6)   Review all applications for site plan review, special land use review, planned development proposals, and take any action required under the guidelines in Chapters 1262, 1288, 1289, and 1296.

      (7)   At the request of the Planning Commission or City Council, draft amendments to the Zoning Ordinance and other ordinances to accomplish the planning objectives of the City.

      (8)   Perform other related duties required to administer this chapter.

      (9)   Periodically report to the Planning Commission on the status of City's zoning and planning administration.

      (10)   Perform other related duties required to administer this chapter.

(Res. 98-529A. Passed 12-21-98; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)

      (1)   Detached accessory buildings and structures with a floor area greater than 36 square feet;

      (2)   Fences, screening walls, and retaining walls;

      (3)   Paving with impervious surfaces such as asphalt and concrete, including all driveways, sidewalks, building approaches, foundations for accessory structures, patios, and other hard surfaces areas; and

      (4)   Where permitted within this Zoning Code, water tanks, fuel oil tanks, and propane tanks.

(Res. 98-529A. Passed 12-21-98; Res. 03-152. Passed 3-31-03.)

   (f)   Accessory Buildings to Dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot, when such accessory buildings or structures are completed at the same time as the principal use.

(Res. 98-529A. Passed 12-21-98.)

   The City Council shall have the following responsibilities and authority pursuant to this chapter.

      (1)   City Council review and approval shall be required for all planned developments, in accordance with Chapter 1288.

      (2)   City Council review and approval shall be required for all conditional rezonings, in accordance with Chapter 1289.

(Res. 98-529A. Passed 12-21-98; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)

The City Planning Commission shall have the following responsibilities and authority pursuant to this chapter.

      (1)   Members of the Planning Commission shall be appointed by the Mayor with the approval of the City Council. The qualifications of members, the term of each member, filling of vacancies, compensation of members, and operation of the Planning Commission shall be in accordance with Act 33 of 2008, as amended.

      (2)   In accordance with Act 33 of 2008, as amended, the Planning Commission by resolution shall determine the time and place of meetings. A special meeting may be called by either two (2) members upon written request to the secretary, or by the chairperson. The Planning Commission shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations.

         A.   In accordance with Section 19 of Michigan Public Act 33 of 2008, as amended, the Planning Commission shall prepare or have prepared an annual written report to the Mayor and City Council detailing the Commission's operations and status of planning activities. In the annual report the Planning Commission may make recommendations regarding actions by the Mayor and Council related planning and development

         B.   After preparing the Annual Report, the Planning Commission may prepare a detailed budget for review and approval of City Council.

   As soon as any Commission member, staff member, or any agency serving the Commission, becomes aware of a potential conflict of interest in any case to come before the Commission, he/she shall disclose the potential conflict of interest to the Planning Commission. The Commission member, staff member or agency shall be excused or disqualified following a majority vote of the Planning Commission upon determining that a conflict exists or could exist. The Secretary shall enter the circumstances into the record.

   Where the Planning Commission has reasonable doubt as to whether the facts and applicable law indicate a degree of conflict justifying disqualification or excuse from service, the Commission shall seek advice from the City Attorney. If the City Attorney advises that a conflict appears to exist based on circumstances reported and applicable law, the Planning Commission shall proceed to excuse or disqualify as provided herein.

(Res. 98-529A. Passed 12-21-98; Res. 06-283A. Passed 7-31-06; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)

   (a)   Applicability. The general procedures for processing of all requests for City action or review under the provisions of this chapter are described in this section. There are additional and more specific procedures and standards set forth in other parts of this chapter as follows:

      Site Plan Review         Section 1296.02

      Special Land Use         Section 1262.06

      Planned Development         Chapter 1288

      Conditional Rezoning         Chapter 1289

      Variances and Appeals      Chapter 1264

      Amendments            Section 1262.09

      Permits and Certificates      Sections 1262.03 and 1262.04

      Temporary Uses         Section 1294.19

   The staff and consultants may advise and assist the applicant in meeting Ordinance requirements but shall have no power to approve or disapprove any application, except as expressly provided elsewhere in this chapter, or in any way restrict an applicant's right to seek formal approval thereof.

      (1)   All applications shall be accompanied by a filing fee which shall be established by resolution of the City Council, in accordance with Section 406 of Public Act 110 of 2006, as amended. This filing fee may include a deposit toward the costs of any consultants retained by the City for reviewing the application, such as consulting planning services, consulting engineering services, legal services, court reporter services, or similar services. The filing fee and deposit shall be paid before the approval process begins. Upon notification of deficient payment of fees, administrative officials charged with enforcement of the Ordinance shall suspend further review of the application and shall deny any new permits.

      (2)   Any deposit toward the cost of any consultants shall be credited against the expense to the City of such consultants, which shall be fully charged to the applicant. Any portion of the deposit not needed to pay such expense shall be refunded without interest to the applicant within thirty (30) days of final action on the application.

      (3)   A schedule of the current filing fees and deposit requirements shall be made available in the office of the City Clerk and the Building Department.

      (4)   The assessment and payment of application fees does not affect the requirements for a performance guarantee as specified in Section 1262.10.

      (5)   There shall be no fee in the case of application filed in the public interest by a municipal department or City Official.

      Amendments (including rezonings);

      Variances;

      Appeal of an Administrative Decision or Zoning Ordinance Interpretation;

      Planned Development; and

      Conditional rezoning.

         A.   Notice Contents. The notice shall contain the following information, where applicable:

            1.   A description of the nature of the application and the purpose of the public hearing;

            2.   A statement indicating the applicable sections of the Zoning Ordinance;

            3.   A legal description and, when known, the address of the property;

            4.   A statement of when and where the public hearing will be held;

            5.   A statement of when and where written comments can be sent concerning the application.

         B.   Newspaper Publication and Written Notification. The general requirements for newspaper publication and written notification shall be as indicated in the following chart:

 

FOOTNOTES:

A.   The Planning Commission must hold at least one public hearing.

B.   The Zoning Board of Appeal must hold a public hearing.

C.   Notices of public hearings must be published in a newspaper of general circulation within the City not less than 15 days prior to the date of the hearing.

D.   Notices must be mailed to owners of the property that is the subject of the request and to the owners and occupants of all properties and structures within 300 feet of the subject site, including those outside of the City (in adjacent cities, villages or townships) if applicable. Notices must be mailed to each occupant of a single structure containing 4 or less dwelling units or other distinct spatial areas, which are owned or leased by different persons. For structures containing more than 4 dwelling units or other distinct spatial areas that are owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be responsible to post the notice at the primary entrance to the structure. Notices must be postmarked not less than 15 days prior to the date of the hearing.

E.   If 10 or fewer adjacent properties are involved, notice must be sent by mail to the owners and occupants of all property and structures within 300 feet of the subject site, including those outside of the City, if applicable. If 11 or more adjacent properties are involved, no additional notification is necessary and addresses may be omitted from the notice published in the newspaper. Notices must be postmarked not less than 15 days prior to the date of the hearing.

F.   Notification of a variance (dimensional or use) request must be sent by mail to owners of the property that is the subject of the request and to the owners and occupants of all properties and structures within 300 feet of the subject site, including those outside of the City (in adjacent cities, villages or townships) if applicable. Notification of an ordinance interpretation or decision appeal need not be sent by mail to surrounding property owners and occupants unless the interpretation or decision appeal involves a specific parcel, in which case notification must be sent by mail to the owners and occupants of all property within 300 feet of the parcel involved in the appeal, including the owner of the parcel involved in the appeal. Notices must be mailed to each occupant of a single structure containing 4 or less dwelling units or other distinct spatial areas, which are owned or leased by different persons. For structures containing more that 4 dwelling units or other distinct spatial areas that are owned or leased by different persons, notice may be given to the manager or owner of the structure, who shall be responsible to post the notice at the primary entrance to the structure. Notices must be postmarked not less than 15 days prior to the date of the hearing.

G.   Notice must be mailed to each electric, gas and pipeline utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and each airport manager, that has registered its name and mailing address with the Clerk to receive such notice. Notices must be postmarked not less than 15 days prior to the date of the hearing.

H.   A property owner may request by certified mail, addressed to the Clerk, that the City Council hold a public hearing to hear comments on a proposed ordinance provision (adoption of a new ordinance, ordinance amendment, rezoning, planned development or conditional rezoning). Newspaper publication and written notification requirements shall be made as set forth in this Section for the corresponding type of proposed ordinance provision. It shall be the responsibility of the property owner requesting the public hearing to pay for the costs incurred by the City for notification of the public hearing.

(Res. 98-529A. Passed 12-21-98; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)

      (1)   Uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected with a public interest; and

      (2)   Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

The intent of this section is to provide regulations for uses which are essentially compatible with principal permitted uses in a given district, but which, by reason of the special nature of such uses or their particular location in relation to neighboring properties, require a stricter level of review by the City. Accordingly, special land uses should not be permitted without consideration of relevant restrictions or conditions being imposed which address their unique characteristics.

      (1)   The special use will promote the use of land in a socially and economically desirable manner for persons who will use the proposed land use or activity, for landowners and residents who are adjacent thereto and for the City as a whole;

      (2)   The special use is compatible and in accordance with the goals, objectives and policies of the City's Comprehensive Development Plan;

      (3)   The special use is necessary for the public convenience at that location;

      (4)   The special use is compatible with adjacent uses of land, and can be constructed, operated and maintained so as to continue to be compatible with the existing or intended character of the general vicinity and so as not to change the essential character of the area in which it is proposed;

      (5)   The special use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected;

      (6)   The special use can be adequately served by public services and facilities without diminishing or adversely affecting public services and facilities to existing land uses in the area;

      (7)   The special use will not cause injury to the value of other property in the neighborhood in which it is to be located;

      (8)   The special use will protect the natural environment, help conserve natural resources and energy, and will not involve uses, activities, processes, materials and equipment or conditions of operation that will be detrimental to the natural environment, public health, safety or welfare by reason of excessive production of traffic, noise, smoke, odors or other such nuisance;

      (9)   The special use is within the provisions of uses requiring special approval as set forth in the various zoning districts herein, is in harmony with the purposes and conforms to the applicable regulations of the zoning district in which it is to be located, and meets applicable site design standards for use in Section 1296.02; and

      (10)   The special use is related to the valid exercise of the City's police power and purposes which are affected by the proposed use or activity.

(Res. 98-529A. Passed 12-21-98.)

      (1)   Prior to granting any special land use approval, the Planning Commission may impose any additional conditions or limitations as, in its judgment, may be necessary for protection of the public interest. Such conditions shall be related to and ensure that the review considerations and applicable regulations of this Zoning Code are met.

      (2)   Approval of a special land use, including conditions made as part of the approval, is attached to the property described as part of the application and not to the owner of such property.

      (3)   A record of the decision or the reasons for the decision reached and any conditions attached to such decision shall be kept and made a part of the minutes of the Planning Commission.

      (4)   The Building Official shall make periodic investigations of developments authorized by special land use approval to determine continued compliance with all requirements imposed by the Planning Commission. Noncompliance with the requirements and conditions approved for the special land use shall constitute grounds for the Planning Commission to terminate the approval following a public hearing. Such hearing shall be held in accordance with the procedures used for the original hearing as required by this section.

   (h)   Records. The conditions imposed with respect to the special approval of a land use or activity shall be recorded in the record of the special approval action and shall remain unchanged except upon the mutual consent of the Planning Commission and the landowner. The Planning Commission shall maintain a record of changes granted with conditions.

      (1)   In cases where actual physical construction of a substantial nature of the structures authorized by a special land use approval has not commenced within one (1) year of issuance, and a written application for extension of the approval has not been filed as provided in paragraph (2), below, the approval shall automatically become null and void and all rights there under shall terminate.

      (2)   Upon written application filed prior to the termination of the one (1) year period, the Building Official may authorize a single extension of the time limit for a further period of not more than one (1) year provided the Building Official or his or her designee finds that he or she approved site plan adequately represents the current conditions on and surrounding the site and provided the site plan conforms to the current Zoning Ordinance standards. Such extension shall only be granted based on evidence from the applicant that the development has a reasonable likelihood of commencing construction within the one (1) year extension.

      (3)   The granting of a special land use approval shall allow that particular use to be conforming on the subject property, as long as the standards of this section are maintained.

      (4)   Any use for which special land use approval has been granted and which ceases to continuously operate for a one (1) year period shall be considered abandoned and the special land use permit shall become null and void. The Building Superintendent may grant an extension of up to an additional twelve (12) months, upon written request from the property owner, upon finding the special land use adequately represents current conditions on and surrounding the site and provided the use will not adversely impact surrounding properties.

(Res. 2011-189A. Passed 8-15-11. Eff. 8-31-11.)

      (5)   No application for a special land use approval which has been denied wholly or in part shall be resubmitted for a period of one (1) year from the date of the order of denial, except on the grounds of new evidence or proof of changed conditions relating to all of the reasons noted for the denial found to be valid by the Planning Commission.

(Res. 06-283A. Passed 7-31-06; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)

   (a)   Initiation of Amendment. The City Council may amend, supplement, or change the district boundaries or the regulations herein, pursuant to the authority and procedures set forth in Michigan Pubic Act 110 of 2006, as amended. Text amendments may be proposed by any governmental body or any interested person or organization. Changes in district boundaries may be proposed by any governmental body, any person having a freehold interest in the subject property, or by the designated agent of a person having a freehold interest in the property.

      (1)   Applicant's name, address, and telephone number.

      (2)   Scale, northpoint, and dates of submission and revisions.

      (3)   Zoning classification of petitioner's parcel and all abutting parcels.

      (4)   Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within fifty (50) feet of the site.

      (5)   Proposed lot lines and lot dimensions, and general layout of proposed structures, parking areas, driveways, and other improvements on the site.

      (6)   Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys.

      (7)   Location of existing drainage courses, floodplains, lakes and streams, and woodlots.

      (8)   All existing and proposed easements.

      (9)   Location of sanitary sewer or septic systems, existing and proposed.

      (10)   Location and size of watermains, well sites, and building service, existing and proposed.

      (11)   A sign location plot plan, in accordance with the Rezoning Sign Requirements contained in this chapter.

      (1)   The petition shall be placed on the agenda of the next regularly scheduled meeting of the Planning Commission. The Planning Commission shall review the petition for amendment in accordance with the procedures and public bearing and notice requirements set forth in Section 1262.07(f), and other applicable sections of Michigan Public Act 110 of 2006, as amended.

      (2)   If an individual property or several adjacent properties are proposed for rezoning, the Planning Commission shall comply with the public notice and public hearing procedures set forth in Section 1262.07(f).

      (1)   At least twenty-one (21) days prior to the public hearing before the Planning Commission, the applicant must, at his own expense, install rezoning signage on the property proposed for rezoning, in full public view along street or road frontages. The sign must be located along the property line of the right-of-way at the midpoint of the property width. A corner lot will require a sign for each road frontage. The location and content of the signage must be approved by the Building Department prior to installation. The signage must meet the following specifications:

         A.   Black letters on white background

         B.   Size: minimum four (4) feet (vertical) by minimum six (6) feet (horizontal)

         C.   Sign facing must be exterior plywood, aluminum, or similar material

         D.   Wording on the signage shall be as follows:

            ZONING CHANGE PROPOSED   (minimum 8" high letters)

            A public hearing has been scheduled   (minimum 4" high letters)

            For more information call:   (minimum 4" high letters)

            Lincoln Park Building and Engineering Department   (minimum 4" high letters)

            (Building Department Telephone #)   (minimum 4" high letters)

         E.   Sign support system must be structurally sound.

      (2)   Rezoning signage must be removed within seven (7) days of adoption by the City Council, seven (7) days of withdrawal of the rezoning application by the applicant or seven (7) days of denial of the rezoning request by the City Council. Failure to remove signage within this period may require the removal of the signage by the City at the owner's expense and/or prosecution.

      (1)   Will the proposed amendment be in accordance with the basic intent and purpose of the Zoning Ordinance?

      (2)   Will the proposed amendment further the comprehensive planning goals of the City?

      (3)   Have conditions changed since the Zoning Ordinance was adopted or was there a mistake in the Zoning Ordinance that justifies the amendment?

      (4)   Will the amendment correct an inequitable situation created by the Zoning Ordinance, rather than merely grant special privileges?

      (5)   Will the amendment result in unlawful exclusionary zoning?

      (6)   Will the amendment set an inappropriate precedent, resulting in the need to correct future planning mistakes?

      (7)   If a rezoning is requested, is the proposed zoning consistent with the zoning classification of surrounding land?

      (8)   If a rezoning is requested, could all requirements in the proposed zoning classification be complied with on the subject parcel?

      (9)   If a rezoning is requested, is the proposed zoning consistent with the trends in land development in the general vicinity of the property in question?

      (1)   Adopt the proposed amendment.

      (2)   Reject the proposed amendment, or

      (3)   Refer the proposed amendment back to the Planning Commission for further recommendation within a specified time period. Thereafter, the City Council may either adopt the amendment with or without the recommended revisions, or reject it.

      (1)   Following adoption of an amendment by the City Council, one notice of adoption shall be filed with the City Clerk and one notice shall be published in newspaper of general circulation in the City within fifteen (15) days after adoption, as follows, in accordance with Section 401(9) of Michigan Public Act 110 of 2006, as amended:

         A.   The required notice shall include the following information:

            1.   In the case of a newly adopted zoning ordinance, the required notice shall include the following statement: "A zoning ordinance regulating the development and use of land has been adopted by the legislative body of the City of Lincoln Park."

            2.   In the case of an amendment to an existing zoning ordinance, the required notice shall include either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.

            3.   The effective date of the ordinance or amendment.

            4.   The place where and time when a copy of the ordinance or amendment may be purchased or inspected.

      (2)   A record of all amendments shall be maintained by the City Clerk and the Building Department. A master Zoning Map shall be maintained by the City Clerk and Building Department, which shall identify all map amendments by number and date.

      (1)   Within seven (7) days following the passage of a zoning ordinance, a registered elector residing in the zoning jurisdiction of the City may file with the City Clerk a notice of intent to file a petition, in accordance with Section 402 of Michigan Public Act 110 of 2006, as amended.

      (2)   Prior to final legislative action on an amendment to the zoning ordinance by City Council, a protest petition shall be presented to the City Council, in accordance with Section 403 of Michigan Public Act 110 of 2006, as amended.

(Res. 98-529A. Passed 12-21-98; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)

   (a)   Where in this Zoning Code there is delegated to Council, the Zoning Board of Appeals, or the Planning Commission the function of establishing certain physical site improvements including, but not limited, streets, access points, driveways, curbs, landscaping, fencing, walls, screening, lighting, drainage facilities, sidewalks, parking areas, utilities, and similar items, as a contingency to granting a zoning amendment, site plan approval, special approval, or variance, Council, the Board, or the Commission may, to ensure strict compliance with any regulation contained or required as a condition of the issuance of a permit, require the permittee to furnish a performance guarantee in the form of a cash deposit, certified check, irrevocable bank letter of credit or surety bond, to be deposited with the City Clerk, in an amount determined by Council, the Board, or the Commission, to be reasonably necessary to ensure compliance under this Zoning Code and to assure the installation of those features or components of the approved activity or construction which are considered necessary to protect the health, safety, and welfare of the public.

   (b)   The applicant shall submit an itemized estimate of the cost of the required improvements, the amount of which shall be 100% of the cost of installing the required improvements, plus the cost of necessary engineering and a reasonable amount for contingencies. Council, the Board, or the Commission shall review this estimate before fixing the amount of the performance guarantee. However, in fixing the amount of such performance guarantee, Council, the Board or the Commission shall take into account the size and scope of the proposed improvement project, the current prevailing cost of rehabilitating the premises upon default of the operator, estimated expenses to compel the operator to comply by court decree and such other factors and conditions as might be relevant in determining the sum reasonable in light of all facts and circumstances surrounding each application.

   (c)   The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project. The City may not require the deposit of the performance guarantee before the date on which the City is prepared to issue the permit. The City shall establish procedures under which a rebate of any cash deposit in reasonable proportion to the ratio of work completed on the required improvements, will be made as work progresses. This section shall not be applicable to improvements for which a performance guarantee has been deposited pursuant to Act 288 of the Public Acts of 1967, as amended (MCLA 560.101 et seq.).

(Res. 98-529A. Passed 12-21-98; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)

Uses of land and dwellings, buildings or structures, including tents and trailer coaches, used, erected, altered, razed or converted in violation of this Zoning Code are hereby declared to be a nuisance per se. The court shall order such nuisance abated and the owner and/or agent in charge of such dwelling, building, structure, tent, trailer coach or land shall be adjudged guilty of maintaining a nuisance per se.

(Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)

Violations of the provisions in this chapter are Municipal Civil Infractions and subject to the penalty and sanctions described in Section 202.101. The imposition of the penalty and sanctions provided in Section 202.101 shall not preclude the initiation of appropriate legal action to restrain correct or abate a violation, to prevent illegal occupancy of a rental dwelling or dwelling unit or to stop an illegal act, conduct of a business or use of a structure.

(Res. 98-529A. Passed 12-21-98; Res. 04-66A. Passed 3-1-04; Res. 08-362A. Passed 11-17-08, Eff. 12-3-08.)