ORDINANCE NO. 1623 OF 2012
ORDINANCE NO. 1623 OF 2012
ORDINANCE AMENDING SEC. 1-10 OF CHAPTER 1 OF THE CODE OF ORDINANCES OF THE CITY OF RUSTON, LOUISIANA RELATING TO GENERAL PROVISIONS OF THE CODE OF ORDINANCES OF THE CITY OF RUSTON BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RUSTON, LOUISIANA:
§1. Sec. 1-10 of the Code of Ordinances of the City of Ruston, Louisiana is amended to read as follows:
Sec. 1-10. Penalties; continuing violations; general; additional remedies; permit violations.
(a) It shall be unlawful for any person to violate or fail to comply with any provision of this Code. Each day any violation of any provision of this Code shall continue shall constitute a separate violation.
(1) General. Where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine not exceeding $500.00 or imprisonment for a term not exceeding 60 days, in the discretion of the court.
(2) Additional Remedies. In addition to any other legal remedies provided in this Code or otherwise under law, the City may bring an action for temporary restraining order, temporary or permanent injunction, or any other judicial remedy (including, in appropriate cases, for mandamus) to prevent the violation and/or to prevent the occupancy or use of any site or structure involved in the violation, or otherwise to abate a violation, without limitation, by any such judicial remedy, without the necessity of the City proving irreparable harm or furnishing bond or other security and with the City, should it prevail in whole or in part, being entitled to recover attorney's fees and costs. Additionally, any forbearance by the City of enforcement in any instance shall not constitute a waiver of City's authority to seek enforcement in any other instance.
(3) Denial of Additional Services. Failure to pay any past due amount(s) owed to the City by (a) any person or Related Person (as defined below) or (b) any legal entity or Related Legal Entity (as defined below), may result, at the City's discretion, in the denial of issuance of other municipal permits, utilities or services, until such amount(s) have been paid in full. “Related Person” means a spouse, cohabitator, co-owner, partner or joint venturer of a person. “Related Legal Entity” means (i) a parent, subsidiary, affiliate or commonly owned entity of a legal entity or (ii) a legal entity in which a person or a Related Person has an ownership interest or exercises control. No person or legal entity shall request, solicit or utilize any other person or legal entity to avoid or circumvent the provisions hereof.
(b) Permit Violations. It shall be a violation of this Code for any person to violate the terms of any permit granted under this Code or any condition imposed under such permit. In addition to any other legal remedies provided in this Code or otherwise under law, the City is authorized to take any one or more of the following actions to remedy such permit violation:
(1) Withhold any approvals or permits required by this Code.
(2) Issue stop orders against any work undertaken by an entity not having a proper approval or permit required by this Code including the immediate cessation of municipal utility services.
(3) Issue stop orders against any previously approved actions in violation of this Code including the immediate cessation of municipal utility services.
(4) Prosecute the violation under Sec. 1-10(a).
§2. If any section, paragraph, sentence, clause and/or phrase of this Ordinance or the application thereof is declared unconstitutional, unenforceable or invalid by the valid judgment of any court of competent jurisdiction such unconstitutionality, unenforceability or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses and/or phrases of this Ordinance, since the same would have been enacted by the City of Ruston without the incorporation in this Ordinance of any such unconstitutional, unenforceable or invalid section, paragraph, sentence, clause or phrase. To this end, the provisions of this Ordinance are hereby declared severable.
§3. All other Ordinances, or any parts thereof, which are in conflict with the provisions of this Ordinance, are hereby repealed. To the extent that any provision or provisions of this Ordinance are inconsistent or in conflict with any other provision of the Code of Ordinances or any regulation of the City, the provisions of this Ordinance shall be deemed to control.
§4. This Ordinance shall become effective upon final adoption and publication of the same in the manner prescribed by law. This Ordinance was introduced on December 5, 2011, by Alderman Jedd Lewis; Notice of Public Hearing was published on December 9, 2011. A Public Hearing was held, the title having been read and the Ordinance considered, on motion to adopt by Alderwoman Marie Riggs, seconded by Alderman Jedd Lewis, a record vote was taken and the following result was had:
YEA: ALDERWOMAN GLENDA HOWARD
ALDERMAN JEDD LEWIS
ALDERMAN ELMORE MAYFIELD
ALDERMAN JIM PEARCE
ALDERWOMAN MARIE S. RIGGS
WHEREUPON, the presiding officer declared the above Ordinance duly adopted on the 9th, day of January, 2012.
EMMETT GIBBS, CLERK DAN HOLLINGSWORTH, MAYOR
1td: January 13, 2012