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New Plymouth City Zoning Code

CHAPTER 19

SANCTIONS

11-19-1: PURPOSE:

The purpose of this Chapter is to provide criminal as well as civil sanctions against persons who violate this Title. The remedies herein contained shall not be deemed exclusive remedies and by choosing a criminal or civil remedy does not amount to an election of remedies.

11-19-2: PENALTIES AND ENFORCEMENT:

   (A)   Any person who violates any provision of this Title or any person who fails to comply with any provisions contained herein shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment not to exceed up to ten (10) days in the County jail, or by both such fine and imprisonment.
   (B)   Each day a violation is allowed to continue shall constitute a new and separate offense.
   (C)   Nothing contained herein shall prevent the City Council, the Commission, any public official or any private citizen from taking any lawful action to restrain, prevent or abate any act, proposed act or action which is in violation of or which would violate any provision of this Title. Should any person successfully sue for the restraining, prevention or abatement of any act or proposed act which would violate this Title that person shall be awarded all costs and fees incurred in pursuing that action.

11-19-3: ENFORCEMENT OF PRIVATE COVENANTS:

Neither the City nor any employee or representative of the City shall be required to enforce any private subdivision covenants or restrictions, unless those specific restrictions were imposed as a condition of County approval for zone change, conditional use, subdivision approval, etc., in which case County enforcement shall be discretionary with the City Council. (Ord., 5-7-1984)