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Livonia City Zoning Code

ARTICLE XIV

VIOLATIONS AND PENALTIES

Section 14.01 - Compliance and Responsibility.

(1)

No land or building within the City of Livonia shall be occupied or used except in compliance with the provisions of this Ordinance, including any conditions on any zoning approval by the City Council or Board of Appeals. No building within the City of Livonia shall be erected, altered, repaired, or moved except in compliance with the provisions of this Ordinance. No person shall use or occupy any land or building within the City of Livonia, nor shall any person erect, alter, repair, or move any building within the City of Livonia except in compliance with this Ordinance.

(2)

The prohibition of any act in this Ordinance, in any amendment thereof and in any rule or regulation adopted hereunder shall include the causing, securing, aiding, or abetting of another person to do said act.

(3)

It shall be the duty of all architects, contractors, subcontractors, builders, and other persons having charge of the establishment of any use of land or the erecting, altering, changing, or remodeling of any building or structure, before beginning or undertaking any such work to see that all proper and necessary permits have been applied for and obtained, including a zoning compliance permit, certificate of occupancy, building permit and all other permits required by either this Ordinance or any of the Building Code ordinances of the City; it shall also be the duty of such parties to see that such work does not conflict with and is not in violation of the terms of this Ordinance and any such architect, contractor, subcontractor, builder or other person doing or performing any such work or erecting, repairing, altering, changing or remodeling without such a permit or permits having been issued or in violation of, or in conflict with the terms of this Ordinance or allowing any building erected to be occupied without a certificate of occupancy having first been issued, shall be guilty of a violation of this Ordinance in the same manner and to the same extent as the owner of the premises or the person or persons for whom such building was or is erected, altered, changed, repaired or remodeled or the use of land established or a building occupied in violation hereof and shall be subject to the penalties herein prescribed for such violation.

Section 14.02 - Violation Nuisance Per Se.

Buildings erected, altered, razed, converted, or uses carried on in violation of any provision of this Ordinance are hereby declared to be a nuisance per se. The court having jurisdiction shall order such nuisances abated and the owner and/or agent in charge of such building or land shall be adjudged guilty of maintaining a nuisance per se.

Section 14.03 - Penalty.

The Building Official shall be responsible for enforcing this Ordinance and charging and seeking penalties against violators, including any person, persons, firm, corporation, or any others acting on behalf of said person, persons, firm, or corporation, violating or failing to comply with any of the provisions of this Ordinance, or any of the regulations adopted in pursuance hereof, or who shall hamper, impede or interfere with the performance of the duties of any official or agent of the Department of Inspection or other officer under the provisions of this Ordinance. Such penalties may include a fine not exceeding five hundred dollars ($500.00), or imprisonment not exceeding ninety-three (93) days, or both such fine and imprisonment in the discretion of the Building Official. Alternatively, the Building Official may charge first-time violators with a civil infraction, with a maximum fine of $500.00. Each act of violation and every day upon which such violation shall occur shall constitute a separate offense.

(Ord. of 2-14-2023)

Section 14.04 - Other Remedies.

In addition to all other remedies, including the penalties provided in Section 14.03 of this Ordinance, the City of Livonia may commence and prosecute appropriate actions or proceedings in the Circuit Court for the County of Wayne or any other court having jurisdiction to restrain or prevent any noncompliance with or violation of any of the provisions of this Ordinance, or to correct, remedy or abate such noncompliance or violation.

Section 14.05 - Severability.

It is the legislative intent of the City Council in adopting this Ordinance that all sections thereof shall be liberally construed to protect and preserve the peace, health, safety, and general welfare of the inhabitants of the City of Livonia, Wayne County, Michigan, and further, that should any provision, portion, section, or subsection of this Ordinance be held or deemed unconstitutional or invalid, such holding shall not be construed nor shall it in any manner affect the validity of any of the remaining provisions, portions, sections, or subsections of this Ordinance, it being the intent of the City Council that this Ordinance shall stand, notwithstanding the invalidity of any provision or section or any part thereof. The provisions of this section shall apply to the amendment of any section of this Ordinance whether or not such a provision is restated in the amendatory Ordinance, and to any supplemental regulation added by amendment to this Ordinance.

Section 14.06 - Repeal.

The existing zoning regulations of the City of Livonia, being Ordinance No. 543 and all amendments and extensions thereof, are hereby repealed and all other ordinances of the City of Livonia and parts of such other ordinances in conflict with any of the provisions of this Ordinance are hereby repealed to the extent of such conflict. The adoption of this Ordinance, however, shall not affect or prevent any pending or future prosecution of, or action to abate, any existing provision of Ordinance No. 543, as amended, if the use, so in violation, is in violation of the provisions of this Ordinance. The adoption of this Ordinance shall not be deemed to nor shall it discontinue, abate, modify, alter, or in any way affect or waive any right of the City of Livonia under any section or provision of the ordinances herein repealed existing on the effective date of this Ordinance or any right of the City under any determination or action by the Board of Appeals or City Planning Commission made pursuant to any section or provision of the ordinances herein repealed. A provision herein which duplicates the wording of a corresponding provision of any predecessor Ordinance shall be deemed effective continuously from the date of original adoption.