Section 15.64.270 Violation--Penalty.
Prior to the adoption of Ord. No. 2437 on 02/06/2006, Section 15.64.270 read as follows.
A. The commission may recommend that
the city, with the approval of the city council apply
to the Circuit Court for a temporary or permanent injunction restraining any person from
violating or continuing to violate any of the provisions of this chapter notwithstanding the
existence of other remedies. Any such injunction may be issued without notice and without bond.
In addition to other remedies provided by law, appropriate
action may be instituted to correct a
violation of this chapter, including, but not limited to, requiring the restoration of property and
improvements to their original appearance prior to the violation. If a court shall find that an act
or omission was wilful, then the court may, in addition to any compensation, award damages for
the sake of example and by the way of punishment.
Any action to recover for such loss, damage or injury may
be brought in the Circuit Court by
any person or party (to include a corporation, partnership or other legal entity) who is a resident
of or owns property in the city. In every case of a recovery of damages by any person or party
under the provisions of this chapter, the plaintiff shall be entitled to a reasonable attorney's fee
to
be fixed by the court, which fee shall be taxed and collected as part of the cost of the case.
B. Any person who causes the alteration
of any landmark, or any improvement or area within
a historic district, which alteration requires a permit from the city, and who does so without
obtaining a certificate of appropriateness from the commission, upon conviction shall be
punished by a fine of not greater than five hundred dollars ($500.00). Each day that a violation
exists shall constitute a separate offense.
C. Any person who causes the demolition
of any landmark, or any improvement or area
within a historic district, which demolition requires a permit from the city, and does so without
obtaining a certificate of appropriateness from the commission, upon conviction shall be
punished by a fine of not greater than five hundred dollars ($500.00).
D. Any and all moneys collected pursuant
to subsections B and C of this section shall be
deposited in the city corporate general fund. (Ord. 777 § 1 (part), 1989: prior code § 41-5-14)