All departments, officials and public employees of the City of Portales, vested with the authority to issue permits, shall conform to the provisions of this ordinance and shall not issue permits, certificates or licenses for uses, buildings or premises in conflict with the provisions of this ordinance. Any such permit, certificate or license issued in conflict with the provisions of this ordinance shall be null and void. It shall be the duty of the City Manager, or his duly authorized representative, to enforce the provisions of this Ordinance pertaining to the erection, construction, reconstruction, moving, alteration or addition to any building or structure.

(Ord. No. 430, § 8, 9-6-77)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Ordinance shall be, and the same is hereby declared to be unlawful and a public nuisance.

The City Attorney of the City shall, upon order by the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment of any violation of this Ordinance in the manner provided by law, and shall take such other steps and shall apply to such Courts as may have jurisdiction to grant such reliefs as will abate and remove such buildings or structures and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using property contrary to the provisions of this Ordinance.

Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the county jail for a term not exceeding ninety (90) days.

(Ord. No. 531, § 4, 10-17-89)

Each day during any portion of which any violation of this Ordinance is committed or continued by such person, firm, or corporation, shall constitute a separate offense and shall be punishable as provided herein.

In their interpretation and application, provisions of this Ordinance shall be held to be minimum requirements. Where this Ordinance imposes a greater restriction than is imposed or required by other rules or regulations or ordinances, the provisions of this Ordinance shall control.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held by a Court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Portales hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

The provisions of this Ordinance are applicable not only to persons, firms, agencies and organizations, but also to all public agencies and organizations to the full extent that they may now or hereafter be enforceable in connection with the activities of any such public agency or organization.

All ordinances or portions of ordinances in conflict with this Ordinance are hereby repealed.

It is the opinion of the City Council of the City of Portales that emergency now exists in connection with the nature of the provisions of this Ordinance and this Ordinance is declared to be an emergency measure, necessary to the immediate preservation of the public peace, health and safety of the citizens of the City of Portales, New Mexico, and shall be in full force and effective five (5) days after its passage and publication as provided by law.