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Watervliet City Zoning Code

ARTICLE XXI

GENERAL PROVISIONS

Section 21.01.- Interpretation.

1.

Minimum requirements. The provisions herein shall be held to be the minimum requirements for the promotion of public health, morals and welfare or as set by law.

2.

Relationship with other laws. When the conditions imposed by any provision herein upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision herein or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

3.

Effect of existing agreements. This ordinance is not intended to abrogate any easement, covenant or another private agreement, provided that where the regulations of the ordinance are more restrictive, (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements herein shall govern.

State Law reference— Conflicts with zoning ordinance, MCL 125.586.

Section 21.02. - Separability.

It is hereby declared to be the intention of the City of Watervliet that several provisions of this ordinance are separable in accordance with the following:

1.

If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions not specifically included in said judgment.

2.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular property, building or other structure, such judgment shall not affect the application of said provisions to any other property, building or structure not specifically included in said judgment.

Section 21.03. - Abatement of nuisance.

Any use of land, dwelling, buildings or structures, including tents and trailer coaches, used, erected, altered, razed or converted in violation of any provisions of this ordinance, or regulation lawfully adopted hereunder, is hereby declared to be a nuisance and the city commission, after resolution duly adopted, or any private citizen, may take action in any court of competent jurisdiction to cause the abatement of such nuisance and such remedy shall be in addition to the imposition of penalty for violation of the terms hereof as provided in section 21.04.

State Law reference— Violation as nuisance, MCL 125.587.

Section 21.04. - Violation; penalty; enforcement.

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $10.00, nor more than $100.00, and upon failure to pay such fine such person shall be imprisoned in the county jail of Berrien County, Michigan, for a period not exceeding 90 days. The continued violation of any provision of this ordinance shall be deemed to constitute a separate offense each and every day such violation shall continue.

State Law reference— Penalty authorized, MCL 117.3(k), 125.587.