APPENDIX C – LAND DEVELOPMENT CODEAPPENDIX C – LAND DEVELOPMENT CODE\ARTICLE 35. INTERPRETATION, CONFLICT, REMEDIES AND PENALTY

In interpreting and applying the provisions of this code, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity, or general welfare. It is not intended by this Code to interfere with, or abrogate of annul any easements, covenants or other agreement between parties; provided, however, that where this Code impose a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by other rules, regulations, or by easements, covenants, or agreements, the provisions of this Code shall govern. If any property is not given a zoning classification on the Zoning District Boundary Map because of error or omission, such property shall be classified “R-1A” Single-Family Residential until changed by amendment, unless authorized by this Code.

In case any building or structure is or is proposed to be erected, constructed, reconstructed, moved, altered, converted, or maintained, or any building, structure, or land is or is proposed to be used in violation of this Code, the Zoning Administrator, City Attorney, or other appropriate authority of South Hutchinson, Kansas, may in addition to all other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, relocation, alteration, conversion, maintenance, or use, or to correct or abate such  violation, or to prevent the occupancy of a building, structure or land.

Any person or corporation who shall violate any of the provisions of this Code or fail to comply herewith, or with any of the requirements thereof; or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine or not more than five hundred dollars ($500.00) and each day such violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of this Code shall be placed, or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof shall be subject to the same fine as hereinbefore provided.