Bill Text: MS HB625 | 2014 | Regular Session | Introduced
Bill Title: Zoning laws; authorize governing authorities to recover legal and actual cost incurred in enforcing.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB625 Detail]
Download: Mississippi-2014-HB625-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Municipalities
By: Representatives Hamilton, Jennings
House Bill 625
AN ACT TO AMEND SECTION 17-1-19, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COUNTY OR MUNICIPALITY TO RECOVER ALL LEGAL AND ACTUAL DAMAGES IN COST FOR THE ENFORCEMENT OF A ZONING ORDINANCE WHICH HAVE BEEN VIOLATED AND FOR WHICH THE PROPER GOVERNING AUTHORITY HAS INCURRED THE COSTS OF ENJOINING SUCH VIOLATION OR BRING THE VIOLATION INTO COMPLIANCE WITH APPLICABLE ZONING ORDINANCES OF THE COUNTY OR MUNICIPALITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-1-19, Mississippi Code of 1972, is amended as follows:
17-1-19. (1) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure, or land, is used in violation of the zoning law or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of any county or municipality, in addition to other remedies, may institute any appropriate action or proceedings, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
(2) If the local governing authority of any county or municipality is required to enforce a violation of a zoning ordinance under the authority of subsection (1), the governing county or municipality shall be entitled to recover:
(a) All legal costs associated with commencing a legal action against the owning individual or entity violating the zoning ordinance to enjoin such persons from proceeding with further construction, conversion or repair of a property; and
(b) All actual costs incurred by such governing authority in enforcing the zoning ordinance to abate the violation or to correct the violation so as to bring the property into compliance with all applicable zoning ordinances of the county or municipality, if the owner fails or refuses to comply.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.
