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Sherman City Zoning Code

ARTICLE 14

09 ADMINISTRATIVE PROVISIONS

§ 14.09.001 Savings/repealing.

(a) 
Illegal uses.
By the passage of this chapter, no presently illegal use shall be deemed to 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.
(b) 
Repealing.
All provisions of any ordinance in conflict with this chapter are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
(Ordinance 6555 adopted 12/5/2022)

§ 14.09.002 Schedule of fees, charges and expenses.

(a) 
The city council shall establish a schedule of fees, charges and expenses, and a collection procedure for building permits, amendment applications, appeals and other matters pertaining to this chapter. The schedule of fees are set forth in appendix C, comprehensive fee schedule of the Code of Ordinances, which may be altered or amended only by the city council.
(b) 
No permit, amendment, special exception or variance shall be issued unless or until all applicable costs, charges, fees or expenses have been paid in full, nor shall any action be taken or public hearing be held unless or until preliminary charges and fees have been paid in full.
(Ordinance 6555 adopted 12/5/2022)

§ 14.09.003 Penalty for violations.

(a) 
A violation of any of the provisions of this chapter or failure to comply with any of its requirements shall constitute a class C misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than two thousand dollars ($2,000.00) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
(b) 
A violation of any of the provisions of this chapter by the owner, tenant, occupant or manager of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a class C misdemeanor with a fine of not more than two thousand dollars ($2,000.00) per day and each day the violation occurs is a separate offense.
(c) 
Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation including temporary restraining orders and temporary and permanent injunctions.
(d) 
An owner, occupant, tenant, manager or other person who violates any provision of this chapter or who participates in, assists in or maintains a violation of this chapter is subject to a civil penalty of up to one thousand dollars ($1,000.00) per day for each violation and each day the violation occurs shall be a separate offense.
(Ordinance 6555 adopted 12/5/2022)

§ 14.09.004 Severability.

(a) 
Unconstitutional or invalid section.
Should any section, subsection, sentence, clause or phrase of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this chapter shall remain in full force and effect.
(b) 
Independent sections.
The city hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more section, subsections, sentences, clauses and/or phrases be declared unconstitutional or invalid.
(Ordinance 6555 adopted 12/5/2022)

§ 14.09.005 Estoppel/waiver.

The failure of the city to enforce any term or condition of this chapter shall not constitute a waiver or estoppel or any subsequent violation of this chapter.
(Ordinance 6555 adopted 12/5/2022)