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AN ORDINANCE DESIGNATING CERTAIN SUPERVISOR AND ENFORCEMENT DUTIES OF THE METROPOLITAN AREA PLANNING COMMISSION, PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-84:1682 ON MAY 21, 1984)
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
Section 1: The Metropolitan Area Planning Commission shall retain concurrent jurisdiction for the purposes of supervision and control of matters it approves including, but not limited to approval of re-plats, site plans, rezoning and subdivision approval.
Section 2: The Metropolitan Area Planning Commission shall have the power to investigate whether any item approved by the Commission has in fact been implemented and/or completed according to information presented at the time of request for approval by the Commission. After investigation by the Commission or its agent, it is determined by the Commission that the item or items approved have not been implemented and/or completed within the time limit set forth herein, then, said Commission shall turn the matter over to the City Attorney for appropriate legal action.
Section 3: Any person, firm, corporation, partnership or otherwise, their successors or assigns, obtaining approval of any term by the Commission and Council when appropriate, who fails to comply with an item or item approved by the Commission and determined to be in non-compliance by a court of competent jurisdiction shall be guilty of a misdemeanor and shall be fined in the sum of not more than $100.00 per day. Each day the non-compliance shall continue shall be considered a separate offense.
Section 4: All items approved by the Commission shall be complied therewith and completed within a six-month period following approval. At the expiration of the six-month period, said items shall be considered lapsed and a re-submission to the Planning Commission shall be required before additional work can be performed and the commission shall consider said items as if it were being presented for the first time for approval. Any person, firm, corporation, partnership or otherwise, who shall continue work on an item where the approval of same shall have lapsed as set forth herein shall be guilty of a misdemeanor and punished as set forth hereinabove.
Section 5: All ordinances and/or parts of ordinances in conflict herewith are hereby repealed.
Section 6: Should any portion of this ordinance be unconstitutional or invalid and so declared by a Court of competent jurisdiction, then the remainder of this ordinance shall not be affected by such partial invalidity.
Section 7: It is found and declared by the City Council that this Ordinance being necessary for the preservation of the public peace, health, and safety, an emergency is hereby declared to exist and this Ordinance shall take effect from and after its passage and approval.
PASSED AND ADOPTED this 16th day of December, 1974.