90-7.01.01 Illegal Uses.
By the passage of this Ordinance, no presently
illegal use shall be deemed to have been legalized unless specifically
such use falls within a use district where the actual use is a conforming
use. Otherwise, such uses shall remain nonconforming uses where recognized,
or an illegal use, as the case may be.
90-7.01.02 Repealing.
All provisions of any ordinance in conflict
with this Ordinance are hereby repealed; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance,
nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
90-7.02.01 Violation.
A person who knowingly violates any provision
of this chapter is guilty of a separate offense for each day during
which the violation is continued.
90-7.02.02 Fine.
Each offense is punishable by a fine of not more
than $2,000.00 nor less than $200.00, imprisonment, or both. The minimum
fine established in this paragraph shall be doubled for the second
conviction of the same offense within any 24-month period and tripled
for the third and subsequent convictions of the same offense within
any 24-month period. At no time shall the minimum fine exceed the
maximum fine established in this paragraph.
90-7.02.03 Legal Rights.
The penal provision imposed under this
Ordinance shall not preclude the City of Richland Hills from filing
suit to enjoin the violation. The City of Richland Hills retains all
legal rights and remedies available to it pursuant to local, state
and federal law.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
90-7.03.01 Unconstitutional or Invalid Section.
Should any section,
subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction,
it is expressly provided that any and all remaining portions of this
Ordinance shall remain in full force and effect.
90-7.03.02 Independent Sections.
The city hereby declares that
it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and/or phrases be declared
unconstitutional or invalid.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
The failure of the city to enforce any term or condition of
this Ordinance shall not constitute a waiver or estoppel or any subsequent
violation of this Ordinance.
[Ord. No. 1273-14, § 1(Exh.
A), 5-6-2014]
This Ordinance shall become effective after its passage and
publication as required by law and the City Charter of the City of
Richland Hills, Texas.