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Rhome City Zoning Code

VI PENALTIES

AND NONCONFORMITIES

SECTION 46 PRESERVING RIGHTS IN PENDING LITIGATION AND VIOLATIONS UNDER EXISTING ORDINANCES

  1. By the passage of this Ordinance, no presently illegal use shall have been legalized unless such use falls within a use district where the actual use is a conforming use. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be. It is further the intent and declared purpose of this Ordinance that no offense committed, and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the time the existing Zoning Ordinance was repealed and this Zoning Ordinance adopted, shall be discharged or affected by such repeal. Prosecutions and suits for such offenses, liabilities, penalties, or forfeitures may be instituted, and causes presently pending may proceed in all respects as if such prior ordinance had not been repealed.

SECTION 47 PENALTY FOR VIOLATIONS

  1. Any person or corporation violating any of the provisions of this Ordinance shall, upon conviction, be fined any sum not exceeding two thousand dollars ($2,000.00) and each and every day that the provisions of this Ordinance are violated shall constitute a separate and distinct offense.
  2. The right is hereby conferred and extended to any property owner in any district, where such owner may be affected by a violation of the terms of this Ordinance, to bring suit in such court or courts having jurisdiction thereof and obtain such remedies as may be available by law.

SECTION 48 VALIDITY

If any section, paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid or unconstitutional.