Chapter 1-01. The Enacting Ordinance

CHAPTER 1-01
THE ENACTING ORDINANCE. SECTIONS:
1-0101. Title of Ordinances.
1-0102. Repeal--Exceptions.
1-0103. Separability Provisions.
1-0104. Existing Licenses and Permits.
1-0105. New Licenses and Permits.
1-0106. Requirements for City Approvals. (2011)
1-0107. Requirements for City Approvals - Exceptions. (2011)
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1-0101. TITLE OF ORDINANCES. The ordinances of the City of Harwood shall be known as the Revised Ordinances of 2006 of the City of Harwood, North Dakota.

1-0102. REPEAL--EXCEPTIONS. All ordinances of the City of Harwood adopted prior to October 1, 2006, are hereby repealed, except the following ordinances which shall continue in full force and effect regardless of the fact that they are herein omitted.

1. All existing ordinances or any part thereof creating contract obligations on the part of the City, which obligations shall remain binding until fully performed by the parties thereto.

2. All existing ordinances establishing special improvement districts.

3. All existing ordinances levying taxes for previous years which are still unpaid or for future years under the provisions of any law relating to the issuance of municipal bonds, warrants, certificates of indebtedness, or other municipal obligations, whether general or special.

4. All salary and appropriation ordinances.

5. Any and all other ordinances adopted in said Revised Ordinances of 2006 by reference, although the same are not set forth in full therein.

6. All existing ordinances establishing, extending, or reducing the city limits of the City and all existing ordinances by which the zoning of any area has been established or modified.

7. The incorporation herein of any ordinances of the City granting franchises to individuals, associations, or corporations shall not operate to repeal the same in their original form nor to extend the term of any franchise beyond that permitted by law or fixed in the ordinances granting the same which is re-enacted herein.

1-0103. SEPARABILITY PROVISIONS. If any section, subsection, sentence, clause or phrase of these ordinances is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause, phrase, or portion thereof. The City Council hereby declares that it would have passed these ordinances and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.

1-0104. EXISTING LICENSES OR PERMITS. All licenses and permits issued prior to the date on which this ordinance becomes effective shall continue in force for the remainder of the term for which the same were issued, without additional fees, but all licensees and permittees shall be governed by the provisions of the Revised Ordinances of 2006 of the City of Harwood, North Dakota, for the remainder of the terms of said licenses and permits in the same manner and to the same extent as if said licenses and permits had been issued under the provisions of the Revised Ordinances of 2006.

1-0105. NEW LICENSES AND PERMITS. In the case of any license or permit not heretofore required and appearing for the first time in the Revised Ordinances of 2006 of the City of Harwood, North Dakota, such license or permit shall be secured on or before the first day of the first month following the effective date of this ordinance, and the first fee therefor shall be prorated for the remainder of the term thereof on a monthly basis, provided that the minimum fee for any such new license or permit shall be $10.00.

1-0106. REQUIREMENTS FOR CITY APPROVALS. A license, permit, or other City approval or authorization of any kind may be granted only to an applicant who:

1. has complied with all relevant statutory, charter and ordinance requirements;

2. has paid all fees, charges, taxes, special assessments and other debts or obligations that are due from the applicant and payable to the City regarding any matter; and

3. is in compliance with all ordinance requirements and attached conditions regarding other City approvals that have been granted to the applicant for any matter. If the applicant has applied for a building permit, the applicant must disclose the name and address of his/her contractor and any subcontractor. If said contractor or any of his or her sub-contractors has previously violated City ordinances by not obtaining a building permit, the permit will not be granted.
Source: Ord. 2011-11, Sec. 1 (2011)

1-0107. REQUIREMENTS FOR CITY APPROVALS – EXCEPTIONS. The requirements of Section 1-0106(2) and (3) may be waived in the following circumstances:

1. the applicant has provided sufficient safeguards to assure payment of debts or compliance with City requirements within a reasonable time after the City approval; or

2. enforcement of the requirements would result in a significant hardship to the applicant through no fault of his/her own or would result in an otherwise unfair situation.
Source: Ord. 2011-11, Sec. 1 (2011)