Section 15.64.270 Violation--Penalty.

(A) The Commission may recommend that the City of Columbia, with the approval of the City Council apply to the Circuit Court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter notwithstanding the existence of other remedies. Any such injunction may be issued without notice and without bond.

In addition to other remedies provided by law, appropriate action may be instituted to correct a violation of this chapter, including, but not limited to, requiring the restoration of property and improvements to their original appearance prior to the violation. If a Court shall find that an act or omission was willful, then the Court may, in addition to any compensation, award damages for the sake of example and by the way of punishment.

Any action to recover for such loss, damage or injury may be brought in a Circuit Court of competent jurisdiction by any person or party (to include a corporation, partnership or other legal entity) who is a resident of or owns property in the City of Columbia, Illinois. In every case of a recovery of damages by any person or party under the provisions of this chapter, the plaintiff shall be entitled to a reasonable attorney’s fee to be fixed by the Court, which fee shall be taxed and collected as part of the cost of the case.

(B) Any person who causes the alteration of any Landmark, or any improvement or area within a Historic District, which said alteration requires a permit from the City, and who does so without obtaining a COA from the Commission, upon conviction shall be punished by a fine of not greater than Seven Hundred and Fifty Dollars ($750.00). Each day that a violation exists shall constitute a separate offense.

(C) Any person who causes the demolition of any Landmark, or any improvement or area within a Historic District, which said demolition requires a permit from the City, and does so without obtaining a COA from the Commission, upon conviction shall be punished by a fine of not greater than Seven Hundred and Fifty Dollars ($750.00).

(D) Any and all monies collected pursuant to the above subsections (B) and (C) of this section shall be deposited in the City Corporate General Fund and may be used and expended for general municipal corporate uses and purposes as the Columbia City Council shall decide.