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 Tupelo
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article VII. PRESERVATION COMMISSION

  § 2-145. Enforcement and penalties.  

Latest version.

  • The following civil and criminal penalties may be imposed upon those persons, firms, or corporations found to have violated requirements or prohibitions contained within this ordinance.

    (1)

    Civil penalty.

    a.

    Any person who constructs, alters, relocates, or demolishes any resource in violation of this article shall be required to restore the resource to its appearance or setting prior to the violation. Any action to enforce this provision shall be brought by the City of Tupelo. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty.

    b.

    If construction, alteration, or relocation of any resource occurs without a certificate of appropriateness, then the license of the company, individual, principal owner, or its or his successor in interest performing such construction, alteration, or relocation shall be revoked for a period of three (3) years.

    c.

    If demolition of a resource occurs without a certificate of appropriateness, then any permits on subject property will be denied for a period of three (3) years. No permit will be issued for any structure or structures proposed for the same parcel which would require a footprint larger than the footprint of the demolished structure or structures. In addition, the owner must rebuild on the site using as much of the original building material as possible, and in general following the same form. In addition, unauthorized demolition of a portion of a structure shall not serve as justification for a demolition permit whenever it can be shown that restoration or rehabilitation would still be feasible. In addition, the applicant shall not be entitled to have issued to him by any City of Tupelo office a permit allowing any curb cuts on subject property for a period of three (3) years from and after the date of such demolition.

    d.

    If a historic landmark or landmark site of statewide or national significance is demolished without review and approval by a local historic preservation commission, no permit for any construction on the parcel from which the landmark or landmark site has been removed may be issued for a period of up to twenty-four (24) months.

    e.

    If demolition of a resource occurs without a certificate of appropriateness, then the license of the company, individual, principal owner, or its or his successor in interest performing such demolition shall be revoked for a period of five (5) years.

    (2)

    Criminal penalty. Any persons, firm or corporation violating any provision of this ordinance shall be guilty of a misdemeanor, and each shall be deemed guilty of a separate violation for each day during which any violation hereof is committed. Upon conviction, each violation shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00). Each day that a violation continues to exist shall constitute a separate offense.

(Ord. of 4-19-05(1), § XV)

State law reference

Municipal penalties, MCA 1972, § 21-13-1.