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Violations shall be treated in the manner specified below.
(a) The owner or agent of a building or premises in or upon which a violation of any provision of these regulations has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which the violation shall exist, shall be guilty of a misdemeanor.
(b) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of these regulations, the appropriate authorities of Minnehaha County, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure or land.
(1992 Code, App. C, § 23.05) (Ord. 20-02, passed 3-18-2002; Ord. 126-07, passed 7-16-2007) Penalty, see § 159.999
(a) The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater floods can and will occur, and floor heights may be increased by human-made or natural causes.
(b) These regulations do not imply that land outside the flood zone or uses permitted within the areas will be free from flooding or flood damages. These regulations shall not create liability on the part of Minnehaha County or the city or on any officer or employee thereof for any flood damages that result from reliance on these regulations or any administrative decision lawfully made thereunder.
(1992 Code, App. C, § 23.06) (Ord. 20-02, passed 3-18-2002)
In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not the intent to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where these regulations and other regulations, easement, covenant or deed restriction conflict or overlap whichever imposes the more stringent restrictions shall prevail. All other regulations inconsistent with these regulations are hereby repealed to the extent of this inconsistency only. If any section, clause, provision or portion of these regulations is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of these regulations shall not be affected thereby.
(1992 Code, App. C, § 23.07) (Ord. 20-02, passed 3-18-2002)
These regulations shall in no manner affect pending actions either civil or criminal, founded on or growing out of any regulations hereby repealed. These regulations shall in no manner affect rights or causes of action, either civil or criminal, not in suit that may have already accrued or grown out of any regulations repealed.
(1992 Code, App. C, § 23.08) (Ord. 20-02, passed 3-18-2002)
The catch heads appearing in connection with the sections of these regulations are inserted simply for convenience to serve the purpose of an index. The introductory statements found at the beginning of each subchapter are to serve as general references only. The catch heads, introductory statements and illustrative examples of zoning terms shall be wholly disregarded by any person, office, court or other tribunal in construing the terms and provisions of these regulations.
(1992 Code, App. C, § 23.09) (Ord. 20-02, passed 3-18-2002)
DEFINITIONS
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