The Plan Commission, Board of Zoning Appeals, Town Council and/or Zoning Administrator are designated to enforce the provisions, regulations and intent of this chapter.

(Ord. 2002-05, passed 12-30-2002, § 15.1)

   Complaints made pertaining to this chapter shall be investigated by the Zoning Administrator. Also, any violations suspected by the Plan Commission, Town Council or Zoning Administrator shall be investigated by the Zoning Administrator. Action may or may not be taken depending on the findings. The degree of action will be to the discretion of the investigating person(s) and should reflect what is warranted by the violation.

(Ord. 2002-05, passed 12-30-2002, § 15.2)

   (A)   Investigations of property may be done so by the Zoning Administrator either from a right-of-way without permission of the property owner, or adjacent property (with permission), or from the property suspected of a violation once the inspector has presented sufficient evidence of their authorization and described the purpose of the inspection to the owner, tenant or occupant at the time of the inspection.

   (B)   In the event that the investigator(s) is (are) denied entry, and providing there is evidence of violation of this chapter, the Plan Commission, Town Council or Zoning Administrator may apply to the court of jurisdiction to invoke legal, equitable or special remedy for the enforcement of this chapter or any applicable ordinances adopted under state code. The application shall include the purpose, violation(s) suspected, property address, owner’s name, if available, and all relevant facts. Additional information may be necessary as requested by the court.

   (C)   The warrant issued shall order the owner, tenant or occupant to permit entry by the Zoning Administrator for the purposes documented in the application for the warrant.

(Ord. 2002-05, passed 12-30-2002, § 15.3)

   The owner, tenant or occupant of any property or building, or part thereof, shall be responsible for the violation. Architects, builders, developers or agents thereof may also be found responsible for the violation if evidence of their involvement or negligence is found. Ultimately, if fault is not clearly found in whole or in part in persons other than the owner, the owner shall be held responsible in whole or in part as warranted by the Plan Commission, Board of Zoning Appeals, Town Council or Zoning Administrator.

(Ord. 2002-05, passed 12-30-2002, § 15.4)

   A structure that is raised or converted, or land used in violation of this chapter or its subsequent amendments may be deemed a common nuisance and the owner or possessor of the structure, or land is liable for said nuisance.

(Ord. 2002-05, passed 12-30-2002, § 15.5)

   (A)   The Plan Commission or Zoning Administrator may place a stop-work-order or violation notice on any lot improvement process. Stop work orders shall be issued by written letter which shall state the violation and that work or illegal activity must stop immediately until the matter is resolved. This letter shall be posted in a conspicuous place or be delivered/mailed to the owner, developer, property manager, tenant or occupant. The Plan Commission or Zoning Administrator must meet with the person(s) served the stop work order notice within seven days of such a request to meet. A memorandum of agreement shall be drafted stating the conditions in which construction or action may be resumed. This memorandum of agreement must be signed by the owner, developer, property manager, tenant or occupant that has caused or is responsible for the violation and the Zoning Administrator or Plan Commission President.

   (B)   Reasons for a stop work order include:

      (1)   Not complying with development standards and/or any regulations of this chapter of Ch. 155 of this code of ordinances;

      (2)   Not obtaining an improvement location permit;

      (3)   Not meeting the conditions or commitments of a special exception, variance or building permit;

      (4)   Not meeting the conditions of development commitments, development plans, detail plans or covenants which are enforceable by the Plan Commission;

      (5)   Not obtaining any other permit necessary for site/property improvement as called out in local code, this chapter or Ch. 155 of this code of ordinances; and

      (6)   Illegal use or expansion of use of building/structures or building/structures and land in combination.

(Ord. 2002-05, passed 12-30-2002, § 15.6)

   The following items shall be deemed civil zoning violations, enforceable by the Plan Commission, Town Council and/or Zoning Administrator. Penalties may be imposed based on the provisions set forth in this subchapter:

   (A)   The placement of a primary structure, secondary structure, sign, structures or any other element determined by the Plan Commission or Zoning Administrator to not conform to the provisions or explicit intent of this chapter and that has not specifically been granted;

   (B)   The erection of a primary structure, secondary structure, sign, accessory structure or any other element determined by the Plan Commission or Zoning Administrator to not conform to the provisions or explicit intent of this chapter and that has not specifically been granted;

   (C)   The maintenance of a primary structure, secondary structure, sign, accessory structure or any other element including property maintenance determined by the Plan Commission or Zoning Administrator to not conform to the provisions or explicit intent of this chapter and that has not specifically been granted;

   (D)   Failure to obtain an improvement location permit or building permit when required;

   (E)   Conducting a use or uses that do not comply with the provisions or explicit intent of this chapter, Ch. 150, 154 and 155 of this code of ordinances and the Sign Ordinance, and which have not specifically been granted;

   (F)   Any failure to comply with the development standards and/or any regulations of th this chapter, Ch. 150, 154 and 155 of this code of ordinances and the Sign Ordinance, improvement location permit or building permit;

   (G)   Proceeding with work under a stop work order or a violation of a memorandum of agreement; and

   (H)   Any failure to comply with commitments made in connection with a rezoning, approval of a development plan, detailed plan, special exception, variance or other similar or documentable commitment, including verbal agreements during official Plan Commission, Town Council or BZA meetings.

(Ord. 2002-05, passed 12-30-2002, § 15.7)

   (A)   There shall be a three-step procedure for violations of this chapter.

   (B)   These steps are as follows:

      (1)   The Plan Commission, Zoning Administrator or designated representative of the Plan Commission or Town Council shall issue a notice of fines and penalties to the person(s) who have committed, in whole or in part, a violation. The notice of fines and penalties is a warning to the violator(s) that a violation has been determined and that it must be corrected within 15 days of the mailed date of notice or posting of notice. If the violation has been corrected within the 15 days from the date of the notice of fine and penalties, no fines or penalties will be imposed.

      (2)   The Plan Commission, Zoning Administrator or designated representative of the Plan Commission/Town Council shall issue a notice of violation to the person(s) who have committed, in whole or in part, a violation. The notice of violation is a citation that states and imposes the fines and penalties for the violation. The person(s) in violation will have 15 days to pay said fees and/or comply with the penalties. The person(s) in violation must correct the violation within 15 days or face additional notices of violation.

      (3)   If the person(s) in violation refuse to pay or comply with the penalties, or correct the violation, after notice, the Plan Commission or Town Council may pursue court action through the court of jurisdiction. Fines and liens against the property may also be pursued until the matter is resolved.

(Ord. 2002-05, passed 12-30-2002, § 15.8)

   (A)   Any person receiving a notice of violation and/or fines may appeal the violation and/or fine to the Board of Zoning Appeals or to the court of jurisdiction. A written statement from the person in violation shall be submitted to the Clerk-Treasurer via certified mail at least three days prior to the date the fine is due.

   (B)   Fines due will be postponed until the BZA or court of jurisdiction have made a ruling as to the violation and/or fine. The person(s) in violation shall have 30 days to file for a hearing with the BZA or court of jurisdiction. Also the person(s) in violation shall have a maximum of two years to complete the hearing process with the BZA. Failure to meet these deadlines will reinstate all fines due by the person(s) in violation.

   (C)   No additional notices will be issued by the Plan Commission in the event the person(s) in violation has (have) submitted a written statement of their intention to appeal or go to trial.

(Ord. 2002-05, passed 12-30-2002, § 15.10)

   All remedies and enforcement shall comply with the powers set forth in I.C. 36-7-4-1000 et al. and all other applicable state law.

   (A)   The Plan Commission or any enforcement official designated by this chapter may bring an action in the Circuit or Superior Court of the county to evoke any legal, equitable or special remedy, for the enforcement of any ordinance or regulation created under I.C. 36-7-4, and its subsequent amendments this includes, but its not limited to, this chapter, Ch. 155 of this code of ordinances, the Sign Ordinance and the like.

   (B)   The Plan Commission or any enforcement official designated by this chapter may also bring an action in the Circuit or Superior Court of the county to enforce:

      (1)   All agreements between Plan Commission or its designees which have been recorded as covenants in connection with a subdivision plat, a development plan or a planned development;

      (2)   All commitments made in accordance with I.C. 36-7-4 et al.; and

      (3)   All conditions imposed in accordance with I.C. 36-7-4 et al.

   (C)   The Board of Zoning Appeals, or any enforcement official designated by this chapter may bring action in the Circuit or Superior Court of the county to restrain a person violating I.C. 36-7-4 et al. or any ordinance adopted under I.C. 36-7-4 et al., which includes, but its not limited to, this chapter, Ch. 155 of this code of ordinances, the Sign Ordinance and the like.

   (D)   The Board of Zoning Appeals or any enforcement official designated by this chapter may also bring an action in the Circuit or Superior Court of the county for a mandatory injunction, directing to remove a structure erected in violation of this chapter or applicable state code.

   (E)   If the Board of Zoning Appeals, or its designated enforcement official is successful in its action, the respondent shall bear all costs of the action.

   (F)   An action to enforce a commitment made in accordance with I.C. 36-7-4 et al. may be brought in the Circuit or Superior Court of the county by:

      (1)   Any person who is entitled to enforce a commitment made in accordance with I.C. 36-7-4 et al. under the rules of the Plan Commission or the Board of Zoning Appeals in force at the time the commitment was made; or

      (2)   Any other specially affected person who was designated in the commitment.

(Ord. 2002-05, passed 12-30-2002, § 15.11)

   (A)   The Board of Zoning Appeals by mandatory injunction in the Circuit Court and/or Superior Court of the county against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this chapter, or the removal of any use or condition in violation of this chapter.

   (B)   In addition to any other remedies, including injunctive relief provided herein, any person, firm, partnership, corporation or other entity who or which shall violate any provision of this chapter shall, upon conviction thereof, be fined in any sum not less than $50, nor more than $2,500, with each day constituting a separate violation of this chapter.

(Ord. 2002-05, passed 12-30-2002, § 15.9)