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Waleska City Zoning Code

ARTICLE XVII

REMEDIES AND ENFORCEMENT

Sec. 28-520.- Violation.

Any person who shall do anything prohibited by this or who shall fail to do anything required by this chapter shall be guilty of an offense and shall be punished as provided by law. In addition, the city council, zoning administrator, or other appropriate authority of the county, are authorized to institute civil action to penalize violation of any part of this chapter. The civil penalty shall not exceed $1,000.00 per day per violation except as may otherwise be authorized by law and provided by ordinance. In addition to said civil penalties, reimbursement to the city council for reasonable attorney fees for the enforcement of the order and costs of litigation including clerk's fees, deposition and related costs, are authorized to be awarded by the appropriate judicial authority.

Sec. 28-521. - Remedies.

(a)

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is or is proposed to be used in violation of any provision of this chapter, the zoning administrator, city attorney or other appropriate authority of the city or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other remedy, institute injunction mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation, or to prevent the occupancy of such building, structure or land.

(b)

The administrator of the planning and zoning and building department is hereby authorized to issue written stop work and cease and desist orders on any project when the applicant, applicant's business or agent fails to comply with this chapter. Such stop work and cease and desist orders may be lifted at such time as the administrator is satisfied that a good faith effort to comply is being made. Nothing shall prevent the zoning administrator from reissuing stop work and cease and desist orders.

(c)

The administrator of the planning and zoning and building department, or his agent is hereby authorized and directed to deny and withhold permits on any new project or application pursuant to this chapter where the applicants applicant's business or agent has failed or refused to comply with city requirements or regulations under this chapter, provided that there is no pending civil litigation against or by the applicant, applicant's business or agent pertaining to the subject matter.

(d)

Any permit issued pursuant to this chapter may be suspended, revoked, or modified by the administrator of the planning and zoning and building department as to the project for which it was issued, upon the administrator's finding that the holder is in violation of this chapter, or the specific terms set out in the permit. Review of such suspension shall be appealable before the zoning board of appeals.

(e)

In any case where the zoning administrator or his agent is unable to safely carry out inspections pursuant to the requirements of this chapter, an inspection warrant or other order as may be provided by law or ordinance may be obtained for such purpose.

Sec. 28-522. - Cumulative remedy.

The remedies herein provided shall not be deemed to be exclusive but shall be cumulative of all other remedies provide by law.