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Long Beach City Zoning Code

ARTICLE VII

ENFORCEMENT AND REVIEW

Sec. 76. - Complaints regarding violations.

Whenever the administrator receives a written, signed complaint alleging a violation of this ordinance, he shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.

Sec. 77. - Persons liable.

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this ordinance may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.

Sec. 78. - Procedures upon discovery of violations.

(a)

If the administrator finds that any provision of this ordinance is being violated, the City shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the City's discretion.

(b)

The final written notice (and the initial written notice may be the final notice) shall state what action the City intends to take if the violation is not corrected and shall advise that the administrator's decision or order may be appealed to the board of adjustment in accordance with Section 60.

(c)

Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this ordinance or pose a danger to the public health, safety, or welfare, the City may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 79.

Sec. 79. - Penalties and remedies for violations.

(a)

Violations of the provisions of this ordinance or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special-use or Long Beach Planning and Development Commission approval permits, shall constitute a misdemeanor and shall be punishable as allowed by Mississippi state statute.

(b)

This ordinance may also be enforced by any appropriate equitable action.

(c)

Each day that any violation continues after notification by the City that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.

(d)

Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this ordinance.

Sec. 80. - Permit revocation.

(a)

A zoning, sign, special-use, or Long Beach Planning and Development Commission approval permit may be revoked by the City (in accordance with the provisions of this section) if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this ordinance, or any additional requirements lawfully imposed by the City.

(b)

Before a Long Beach Planning and Development Commission approval or special-use permit may be revoked, all of the notice and hearing and other requirements of Article VI shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.

(1)

The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in Subsection (a) shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.

(2)

A motion to revoke a permit shall include insofar as practicable a statement of the specific reasons or findings of fact that support the motion.

(c)

Before a zoning or sign permit may be revoked, the administrator shall give the permit recipient 15 days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and his right to obtain an informal hearing on the allegations. If the permit is revoked, the City shall provide to the permittee a written statement of the decision and the reasons therefor.

(d)

No person may continue to make use of land or buildings in the manner authorized by any zoning, sign, special-use or Long Beach Planning and Development Commission approval permits after such permit has been revoked in accordance with this section.

Sec. 81. - Judicial review.

(a)

Every decision of the Mayor and Board of Aldermen granting or denying a Long Beach Planning and Development Commission approval permit and every final decision of the board of adjustment shall be subject to review by the Circuit Court or court of like jurisdiction.

(b)

The petition for the writ of certiorari must be filed with the Harrison County Clerk of Court within 30 days after the later [latter], but not thereafter, of the following occurrences:

(1)

A written copy of the board's decision (see Section 73) has been filed in the office of the planning department; and

(2)

A written copy of the board's decision (see Section 73) has been delivered by personal service or mail to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case.

(c)

A copy of the writ of certiorari shall be served upon the City.