MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary A

By: Representative Kinkade

House Bill 1342

AN ACT TO AMEND SECTION 17-1-19, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO RECOVER ANY ACTUAL COSTS TO THE GOVERNING AUTHORITY INCURRED IN ENFORCING A ZONING LAW, ORDINANCE OR REGULATION AND TO RECOVER ANY ACTUAL COSTS INCURRED IN BRINGING A VIOLATOR IN COMPLIANCE WITH A COURT ORDER, IF SUCH VIOLATOR FAILS OR REFUSES ATTORNEY'S FEES AND COSTS OF LITIGATION; 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.  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 the building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises, to recover any actual costs to the governing authority incurred in enforcing a zoning law, ordinance or regulation and to recover any actual costs incurred in bringing a violator in compliance with a court order, if the violator fails or refuses attorney's fees and costs of litigation.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2017.