§ 19-68. Enforcement.

(a)

If it shall appear to the historic district commission (or the administrative staff of the commission) that any work or action is occurring in the district for which no required certificate of appropriateness or certificate of economic hardship has been issued, the staff of the commission shall request the building official of the city to take action to stop the unauthorized work or action. The provision of A.C.A. § 14-172-210 regarding demolition or any exterior architectural feature certified by the building official to be unsafe or dangerous is acknowledged.

(b)

If it shall appear that any person, firm or corporation is using any land or structure, or is erecting or maintaining any structure in violation of this chapter, notice in writing shall be served upon the owner and occupant of the premises, or their duly authorized agents stating the nature of the alleged violation and directing that such violation be discontinued.

(c)

If the alleged violation be not discontinued, corrected or removed within a reasonable time after such notice, the owner and occupant, or their agents, shall be served with a final notice in writing warning that unless the violation be abated within fifteen (15) days from the date of the service of such final notice, then the owner, occupant and any person aiding or abetting the violation shall be at the end of such fifteen-day period subject to all of the civil and criminal penalties hereinafter provided.

(d)

Any person, firm or corporation who, after receiving notice as required by this chapter, shall suffer or permit any use of any land or structure, or who shall erect, or cause to be erected, or shall maintain any structure in violation of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to the punishment set forth in Fort Smith Code section 1-9.

(e)

The board of directors of the city, at the request of the historic district commission, may, in lieu of or in addition to penalties provided in this chapter, cause to be initiated an action in the circuit court for the Fort Smith District of Sebastian County, Arkansas, for the purpose of restraining or abating any violation of this chapter.

(Ord. No. 53-07, § 15, 8-7-07)