It shall be the duty of the Building Inspector to enforce this chapter through proper legal channels and to refuse to issue any permit for any building or structure of the use of any premises, which would violate any of the provisions hereof.  Appeal from the decision of the Building Inspector may be made to the Board of Zoning Appeals as provided herein.

A.    Any person, firm, or corporation: that shall violate any of the provisions of this chapter; fail to comply with any order or regulation; or that would build in violation of any specifications or plans submitted and approved, or any certificate or permit issued thereunder, shall, for each and every violation and non-compliance respectively be deemed guilty of a misdemeanor, and upon conviction therefor shall have one of the following consequences:

(1)   Fined in a sum not less than $50 nor more than $500,

(2)   Imprisonment for not more than six months for each offense or

(3)   Both fine and imprisonment.  Each day’s violation shall constitute a separate offense.

B.    Any person, company, corporation, institution, municipality or agency of the state that violates any provision of any regulation relating to floodplain zoning shall be subject to the penalties and remedies herein.  Whenever any building or structure is or is proposed to be erected, constructed, altered, converted or maintained or any building, structure is or land is proposed to be, used in violation of any zoning regulations, the City or County, or in the event the engineer of the division of water resources of the Kansas State Board of Agriculture in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation or to prevent the occupancy of such building, structure or land.

Should any article, section, subsection, paragraph, clause or provision of this chapter, the zoning ordinance of the City of Wellsville, be declared by a court of competent jurisdiction to be invalid or unconstitutional, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid or unconstitutional.  The governing body hereby declares that it would have passed this ordinance and each article, section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more articles, sections, subsections, paragraphs, sentences, clauses, or phrases be declared invalid.

These regulations shall take effect and be in force from and after their adoption by the Planning Commission, approval by the City Council of an ordinance incorporating these regulations by reference and publication of such ordinance in the official city newspaper.  Adopted by the Wellsville City Planning Commission on May 11, 2000.