§ 155.405 CONFLICT WITH PUBLIC AND PRIVATE PROVISIONS.

   Where any provision of these regulations imposes restrictions different from those imposed by any other provisions of these regulations, or any other ordinance, rule, regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control. These regulations are not intended to abrogate any easement, covenant, or any other private agreement or restriction. Restrictive covenants may be taken into consideration by the city in the issuance of building permits. As a rule of law, the city may not enforce covenants.

(Ord. passed 2-3-2011, § 2.42.170)

§ 155.406 REPEALER.

   All ordinances of a general and permanent nature enacted on or before February 3, 2011 not included, recognized, and continued in force by reference therein by the city’s ordinances are repealed.

(Ord. passed 2-3-2011, § 2.42.180)

§ 155.407 CONSTRUCTION OF REPEALER.

   The repeal provided for in § 155.406 shall not be construed to revise any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this subchapter.

(Ord. passed 2-3-2011, § 2.42.190)

§ 155.999 PENALTY.

   (A)   Unless another penalty is expressly provided, every person convicted of a violation of any provision of this chapter, rule, or regulation adopted or issued in pursuance thereof shall be punished by a fine of not more than $500. Additionally, the city may enforce a violation of this chapter, including the failure to timely obtain proper permitting, with the imposition of a civil penalty in an amount that can be established by the Board of Commissioners by resolution, which may from time to time be amended. Each violation and each day upon which any violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any section herein, whether or not such penalty is reenacted in an amendatory ordinance.

   (B)   In addition to the penalty described above, the city may pursue other remedies, including, but not limited to, abatement of nuisances, injunctive relief, and revocation of licenses or permits. The owner or owners of real estate within the district affected by the regulation of this chapter may also pursue such remedies by filing a complaint through the Planning and Zoning Board.

(Ord. passed 2-3-2011, § 2.42.140; Ord. 2023-19, passed 12-7-2023)