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Mccomb City Zoning Code

VIOLATIONS, ENFORCEMENT

PENALTIES AND OTHER REMEDIES

§ 178.260 PROHIBITIONS.

   It shall be unlawful to locate, erect, construct, reconstruct, replace, enlarge, change, alter, move, maintain or use any building or land in violation of any regulation in or any provisions of this zoning code or any amendment or supplement thereto adopted by Village Council.
(Ord. O-2019-24, passed 9-9-2019)

§ 178.261 VIOLATIONS.

   All buildings and land used, and all buildings and structures erected, converted, enlarged, reconstructed, moved or structurally altered, must comply with all applicable provisions of this zoning code. Any person, firm, or corporation violating any of the provisions of this zoning code shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine as set forth in § 178.999.
(Ord. O-2019-24, passed 9-9-2019)

§ 178.262 EACH DAY A SEPARATE VIOLATION.

   A separate violation may be deemed committed upon each day during or when a violation occurs or continues.
(Ord. O-2019-24, passed 9-9-2019)

§ 178.263 WHO MAY ENFORCE.

   It is the responsibility of the Village Administrator to enforce this zoning code. The Village Administrator, the Village Council, special counsel employed by the village or any adjacent or neighboring property owner who would be specially damaged by such violation in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. O-2019-24, passed 9-9-2019)

§ 178.264 CORRECTIONS.

   Any person, firm or corporation who is convicted of a violation of this zoning code shall abate or correct the violation within 30 days of such conviction.
(Ord. O-2019-24, passed 9-9-2019)

§ 178.265 PUBLIC NUISANCE PER SE.

   Any building or structure which is erected, altered, moved or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this zoning code and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.
(Ord. O-2019-24, passed 9-9-2019)

§ 178.266 DAMAGE TO VILLAGE INFRASTRUCTURE.

   Any individual, group, company, or other entity that causes damage to village infrastructure shall be held liable for damages and prosecuted accordingly. This includes damage to rights-of-way elements such as streets, sidewalks, curbing, waterlines, sewer lines, and the like. The violator shall reimburse the village for any expense, loss or damage caused by such violations. The village shall bill the user for the costs incurred by the village for any cleaning, repair or replacement work caused by the violation. Refusal to pay the assessed costs shall constitute a violation of this zoning code, enforceable under the provisions of Findlay Municipal Code Sec. 925.10.
(Ord. O-2019-24, passed 9-9-2019)

§ 178.267 FALSE STATEMENTS, REPRESENTATIONS OR CERTIFICATIONS.

   Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this zoning code, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall be punished by the imposition of a civil penalty of not more than $1,000.
(Ord. O-2019-24, passed 9-9-2019)

§ 178.268 RIGHTS AND REMEDIES CUMULATIVE.

   The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.
(Ord. O-2019-24, passed 9-9-2019)

§ 178.999 PENALTY.

   The owner and/or user of any building, structure or premises or part thereof, where any condition in violation of this zoning code shall exist or shall be created, and who has assisted knowingly in the commission of such violation, shall be guilty of a separate offense and, upon conviction thereof, shall be fined for each offense as follows:
   (A)   For each and every violation or instance of noncompliance, violators may be deemed guilty of a misdemeanor of the fourth degree, as defined by City of Findlay Municipal Code Part 5 General Offenses, Sec. 501.99, and each day that the violation exists will constitute a separate offense per the Hancock County Code of General Offenses.
   (B)   A subsequent violation of this zoning code involving the same property, the same violator, and occurring within two years of the last prior conviction for the same violation, constitutes a misdemeanor of the third degree, as defined in the City of Findlay Municipal Code Part 5 General Offenses Code, Sec. 501.99. This fine is not in lieu of any other fee or fees to obtain a zoning permit as set forth in § 178.244.
(Ord. O-2019-24, passed 9-9-2019)