The decision-making bodies and officials identified in this Chapter have the responsibility for implementing and administering this Ordinance.

1. Meeting Schedule: The Administrator maintains an annual schedule of meeting and filing dates for the Technical Advisory Committee, Plan Commission, and BZA. Modifications of filing dates are considered if determined reasonable by the Administrator. The existence of this calendar does not prohibit special meetings or changes of meeting dates by the Technical Advisory Committee, Plan Commission, or BZA. The schedule of meeting and filing dates must be made available in the office of the Department.
2. Fee Schedule: Filing fees for applications and petitions are set forth in the fee schedule. The fee schedule is established by resolution of the Council. Copies of the Fee Schedule are available in the office of the Department.

The Avon Board of Zoning Appeals, established according to IC 36-7-4-900 et seq. has the powers and duties described below:

1. To approve, approve with modifications, or deny any application for a variance from the development standards of this Ordinance.
2. To approve, approve with modifications, or deny any application for a use variance.
3. To grant, grant with modifications, or deny any application for a special exception.
4. To hear and decide an appeal from any order, requirement, decision, or determination made by the Administrator or staff in the administration or enforcement of this Ordinance.
5. To hear and decide an appeal from any order, requirement, decision, or determination made by any administrative board, other than the Plan Commission, in the administration or enforcement of this Ordinance.
6. To approve, approve with conditions, or deny a request to modify a commitment made to the Board of Zoning Appeals.
7. To exercise all powers conferred by law, local ordinance, or rule including to invoke any legal, equitable, or special remedy available by law or this Ordinance for the enforcement of the provisions or actions taken under this Ordinance.
8. To adopt rules and procedures for the administration of the Board’s duties.

The Town Council has the following powers and duties connected to the implementation of this Ordinance.

1. As certified by the Plan Commission to approve, reject, or amend all or part of the comprehensive plan.
2. To initiate amendments to this Ordinance and to adopt, reject, or amend proposals to amend or partially repeal the text of this Ordinance.
3. To adopt, reject, or amend proposals to amend the zoning map according to the procedures and standards for amendments set forth in 8.9 Rezones and Amendments.
4. To adopt, reject, or amend a Planned Unit Development Ordinance according to the procedures and standards for amendments set forth in 8.23 Procedures for Initial Review.
5. To approve, approve with conditions, or deny a request to modify a commitment made to the Town Council.
6. To take such other actions not exclusively delegated to other bodies, which may be desirable and necessary to implement the provisions of this Ordinance.
   

1. Administrative Officer: It is the duty of the Director of the Department of Planning and Community Development (the “Director”) to enforce and implement the provisions of this Ordinance, receive applications required by this Ordinance, issue permits, and furnish the prescribed certificates.
2. Duties: The Director and/or the Director’s designees, in connection with the implementation of this Ordinance and in accordance with Indiana law will:
   1. Maintain a Council approved Comprehensive Plan and the Unified Development Ordinance, as authorized under Indiana law.
   2. Maintain rules of procedures for holding meetings, holding public hearings, and enforcing the Comprehensive Plan and the Unified Development Ordinance.
   3. Maintain complete records of all meetings, hearings, correspondences, and affairs of the Plan Commission and BZA.
   4. Publish and make available to the public all plans, ordinances, and other related material that are the responsibility of the Plan Commission and BZA. All such records must be open to public inspection during the Department’s normal hours of business.
   5. Maintain a permitting process and seal used to certify official or approved documents. Keep careful and comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered, and of notices or orders issued. Retain on file copies of all documents in connection with building work if any part of the structure to which they relate remains existence.
   6. Examine premises for which permits have been issued and make necessary inspections to see that the provisions of the law are within compliance.
   7. Enforce laws relating to the construction, alteration, use, occupancy, location, and maintenance of structures and land, except as may be otherwise provided for in local or Indiana law.
   8. Issue notices or orders necessary for enforcing compliance with the laws or preventing a violation of provisions of this Ordinance.
   9. Determine the appropriate categories of land uses not specifically listed on the Permitted Uses Table.
   10. Render interpretations of the provisions of this Ordinance.
   11. Approve or deny sign permit applications.
   12. Review applications for Improvement Location Permits for compliance with the standards of this Ordinance.
       
   13. Issue Improvement Location Permits for Special Exceptions after approval by the Board.
   14. Other duties set forth here or that may be delegated by the Plan Commission, BZA, or Council.

1. Floodplain Administrator: The Director and/or designated staff of the Department, is designated as the Floodplain Administrator.
2. Authority: The Floodplain Administrator is authorized and directed to enforce and implement the provisions of the Floodplain Regulations.
3. Duties: The Floodplain Administer will, in connection with the implementation of this Ordinance and in accordance with Indiana law:
   1. Review floodplain development permits to assure the permit requirements of this Ordinance have been satisfied.
   2. Inspect and inventory damaged structures in the Special Flood Hazard Area (SFHA) and complete substantial damage determinations.
   3. Ensure that required construction authorization has been granted by the Indiana Department of Natural Resources for development subject to the Flood Plain Regulations.
   4. Ensure that all necessary federal or state permits have been received prior to issuance of an Improvement Location Permit.
   5. Maintain improvement location permit records involving building additions and improvements to residences located in the Floodway.
   6. Maintain related permits and information for buildings constructed subject the Flood Plain Regulations.
   7. Utilize and enforce map revisions issued by the Federal Emergency Management Agency (FEMA) for the currently effective SFHA maps.
   8. Review certified plans and specifications for compliance.
   9. Verify required certifications of the actual elevation of the lowest floor for new or substantially improved buildings.
   10. Verify required certifications of the actual elevation of the floodproofing for any new or substantially improved buildings.
   11. Notify adjacent communities and the State’s floodplain coordinator prior to any alteration or relocation of a watercourse and submit copies of the notifications to the Federal Emergency Management Agency.
   12. Assure that maintenance is provided within the altered or relocated portion of the altered watercourse, so the flood-carrying capacity is not diminished.

The Avon Plan Commission, being previously established according to Indiana Code 36-7-4-200 et seq. has the following powers and duties in connection with the implementation of this Ordinance.

1. To initiate amendments to the text of this Ordinance and to the Zoning Map according to the procedures and standards for amendments set forth in 8.9 Rezones and Amendments.
2. To review all proposed amendments to this Ordinance and make recommendations to the Town Council according to the procedures and standards for amendments set forth in 8.9 Rezones and Amendments.
3. To review all Planned Unit Development Petitions and make recommendations to the Town Council for the adoption of the petitions according to the procedures and standards for Planned Unit Developments set forth in 8.23 Procedures for Initial Review.
4. To review all requests for modifications of commitments and to approve, approve with conditions or deny those commitments made to the Plan Commission and to make a recommendation to approve, approve with conditions or deny a commitment made to the Town Council in the administration of the zoning ordinance.
5. To render final decision regarding secondary review of all Planned Unit Development Petitions according to the procedures and standards for Planned Unit Development set forth in 8.24 Secondary Review by the Plan Commission;
6. To initiate amendments to the Avon Thoroughfare Plan, to adopt, reject, or amend proposals to amend or partially repeal the text of the Avon Thoroughfare Plan, and to make recommendations on such matters to the Avon Town Council.
7. To review, approve, approve with modifications, or deny all subdivision applications according to the procedures and standards for subdivision approval set forth in the CHAPTER 7: SUBDIVISION REGULATIONS.
8. To approve, approve with modifications, or deny all applications for waivers from the subdivision regulations, according to the procedures and standards for plat approval set forth in CHAPTER 7: SUBDIVISION REGULATIONS.
9. To approve, approve with modifications, or deny all Development Plans according to the procedures and standards for Development Plans set forth in 8.10 Development Plans.
10. To supervise and adopt rules for the administration of the affairs of the Plan Commission.
11. To record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Plan Commission.
12. To prepare, publish, and distribute reports, ordinances, and other material related to the Plan Commission activities as authorized by law or this Ordinance.
13. To exercise all powers conferred on it by law, local ordinance or rule including to invoke any legal, equitable, or special remedy for the enforcement of state planning and zoning laws or this Ordinance.

The Technical Advisory Committee is hereby created and vested with the review authority set forth below in connection with the implementation of this Ordinance:

1. Membership: The Technical Advisory Committee is comprised of the following members.
   1. Avon Zoning Administrator
   2. Avon Building Commissioner
      
   3. Avon Director of Public Works
   4. Washington Township Fire Marshal
   5. The Administrator may also invite representatives of the Avon Police Department, the Avon/Washington Township School Corporation, representatives of the major utility companies, representatives of Plan Commission appointed committees, and representatives of Hendricks County and Washington Township for applications or as necessity demands.
2. Review Authority:
   1. To review and evaluate applications for waivers and make recommendations to the Plan Commission, according to the procedures and standards for waivers set forth in the Subdivision regulations.
   2. To review and evaluate all development plans, and make recommendations to the Plan Commission, according to the procedures and standards for development plan review set forth in 8.23 Procedures for Initial Review.
   3. To take such other actions as delegated by the Plan Commission that may be desirable and necessary to implement the provisions of this Ordinance.

1. Zoning Administrator: The Director and/or designated staff of the Department, is designated as the Zoning Administrator.
2. Authority: The Zoning Administrator is authorized and directed to enforce and implement the provisions of this Ordinance.
3. Duties: The Zoning Administer will, in connection with the implementation of this Ordinance and in accordance with Indiana law:
   1. Determine the appropriate categories of land uses not specifically listed on the Permitted Uses Table.
   2. Determine if a proposed home occupation use is compatible as a home occupation.
   3. Approve or deny sign permit applications.
   4. Review applications for Improvement Location Permits for compliance with the performance standards of this Ordinance.
   5. Issue Improvement Location Permits for Special Exceptions after approval of the BZA.
   6. Inspect properties for compliance with the provisions of this ordinance.
   7. Take enforcement actions to bring violations into compliance with the requirements of this Ordinance, including investigating complaints, issuing stop work orders, and revoking sign permits.
      

The Administrator is designated to enforce the terms and provisions of this Ordinance.

Whenever the Administrator receives a complaint alleging a violation of this Ordinance or has reason to suspect that a violation is occurring, they are responsible for investigating the complaint or suspicion and taking action as warranted.

The owner or occupant of any building, structure, land, or other person who creates or maintains any situation contrary to the requirements of this Ordinance is responsible for the violation, the penalties, and is subject to enforcement.

The Administrator may enter upon any premises at any reasonable time to inspect all buildings, structures, or premises located within the jurisdiction of this Ordinance to determine compliance with the provisions of this Ordinance. All inspections are subject to the following standards and conditions.

1. The Administrator must furnish to the owner, tenant, or occupant of the building, structure, or premises sought to be inspected, enough identification and information to demonstrate the person is a representative of the Town and the purpose of the inspection.
2. The Administrator may apply to any court of competent jurisdiction for research warrant or other legal process for the purpose of securing entry to any premises if the owner, tenant, or occupant refuses to grant entry.

The Town of Avon, including the Director, Council, Plan Commission, Board, Building Commissioner, and their delegates are designated to enforce the provisions, regulations, and intent of this Ordinance, according to IC 36-7-4-100, et. seq., as amended.

1. Violation of any of the provisions of this Ordinance is considered a common nuisance and may be abated as nuisances are abated under existing law. Violations may include:
   1. The erection, demolition, or conversion of any structure, building, or sign without the required approvals,
   2. The use of any land or premises used in violation of any provisions of this Ordinance, or
   3. Failure to comply with any condition, requirement, or commitment established with the approval of a variance, special exception, development plan, planned unit development, certificate of compliance, or other development approval under this Ordinance.
2. Any person who violates or resists the enforcement of any provisions of this Ordinance is subject to judgment for each offense. Each day a violation exists constitutes a separate offense. A violation exists until corrected. Correction may include:
   1. Stopping an unlawful practice;
   2. Removal of a building, structure, or improvement;
   3. Faithful or otherwise-approved restoration or replacement of a building, structure, site or natural feature;
   4. Any other remedy specified in this Ordinance; and/or
   5. Other remedy acceptable to the Town.
      

1. Options for Enforcement: The Town has the following options to enforce the provisions of this Ordinance:
   1. Issue a notice to correct violations. The notice to correct may be sent to the owner, tenant, or occupant who commits a violation of this ordinance. It may be issued through personal service, certified mail, First Class U.S. Mail, or by placement of the notice in a conspicuous place on the property. A notice to correct informs the violator of:
      
      1. Date of the notice to correct;
      2. Date and place the violation was observed;
      3. Name and address of the property owner or responsible party;
      4. Section number in violation;
      5. The nature of the violation;
      6. Name, business address, phone number, and email of the person issuing the notice;
      7. Action necessary to correct the violation;
      8. Actions available to the Town to remedy violations; and
      9. That a notice of correction serves as the only notice of civil violation and no further notice will be required by the Town.
   2. Issue a citation to a person alleged to have committed a violation of this Ordinance. The citation may be processed through the Town Court, according to IC 33-36 and 9.17 Citations for Zoning Violations.
   3. Issue a stop work order under 9.18 Stop Work Orders.
   4. Enter onto property and take action to bring that property into compliance with this Ordinance, according to IC 36-1-6-2 and 9.19 Municipal Action to Enforce Compliance or 9.20 Correcting Immediate Public Risk Violations.
   5. Initiate enforcement through an administrative proceeding before the BZA, according to IC 36-1-6-9 and 9.20 Correcting Immediate Public Risk Violations.
   6. To bring a civil action in the Town Court of Avon, according to IC 34-28-5-1 and 9.21 Administrative Enforcement.
2. Exercise of Options: The Town’s exercise of the options specified in this section, including the imposition of any penalties for an Ordinance violation, are not prerequisites for taking any other action against an alleged violator of this Ordinance, nor do they prohibit the Town from taking any further action.
3. Warnings: Before exercising any of the Town’s options under this section, the Administrator may issue a warning to a person alleged to be in violation of this Ordinance and give the person at least 10 days but not more than 60 days to remedy the alleged violation.
   

1. Maximum Penalties: According to IC 36-1-3-8 and IC 36-7-4-1018, the maximum civil penalty for the first violation of a provision of this Ordinance is a fine of $2,500. The maximum civil penalty for the second or subsequent violation of a provision of this Ordinance (other than a provision that regulates parking) is a fine of $7,500.
2. Processing through Ordinance Violations Bureau: According to IC 33-36-3-1(a), the Council designates the following schedule of Ordinance provisions that are subject to the jurisdiction of the Town Court. The first and second (or subsequent) admission of the same violation within a 12-month period is subject to the fixed civil penalty described in this section.
   

3. Ordinance violation subject to the jurisdiction of the Avon Ordinance Violations Bureau	Fine for first violation	Fine for subsequent violation
   Temporary signage without permit	$100	$200
   Permanent signage without permit	$250	$500
   Parking on an unimproved surface	$50	$100
   Temporary use without permit	$500	$1,000
   Illegal land use	$1,000	$2,000
   Operation of home business without certificate of compliance	$200	$400
   Alteration of land without ILP	$200	$400
   Failure to comply with commitments	$500	$1,000
   Failure to obtain certificate of compliance	$500	$1,000
   Failure to comply with certificate of compliance	$250	$500
   Failure to comply with development standards	$100	$200
   Any other violation of this Ordinance	$25	$50

4. Subsequent Violations: The penalties listed above for subsequent violations apply whenever the responsible party commits an additional violation of the same provision within 12 months of the first violation, regardless of whether the additional violation is on the same property as the first violation.
   

1. Notice to Alleged Violator: An enforcement official may issue a notice citation for a violation of this Ordinance. The enforcement official must advise the alleged violator that the violation may be admitted and, if admitted, is subject to payment of the fixed civil penalty listed in 9.16(B). A copy of the citation must be filed with the Town Court no later than the next business day following its issuance. A failure to file a copy of the citation does not affect its validity or the alleged violator's option to admit the violation and pay the fixed civil penalty.
   
2. Form of Citation: Citations must be numbered and contain the following information:
   1. The date and time of issuance;
   2. The specific Ordinance violation for which the citation is issued;
   3. The amount of the civil penalty fixed for that violation under 9.16(B);
   4. The date and location of the violation;
   5. The name and address of the person alleged to have committed the violation, if known or readily obtainable;
   6. The signature of the enforcement official issuing the citation or the enforcement official's name (and badge number, if any) in computer generated form; and
   7. The duty of the alleged violator to appear.
3. Service of Citation: A citation is served by the enforcement official upon the alleged violator. If the alleged violator is present, the citation must be delivered personally to the alleged violator. If the alleged violator is not present and the violation involves specific premises, it must be served on the owner or other person in possession of the premises either in person or by first class mail.
4. Duty to Appear: Any person receiving a citation must appear in person or by attorney at the Town Court, to admit or deny the alleged violation at the time prescribed by the Town Court Administrator. Payment of the civil penalty fixed under 9.16(B) within 10 days of the date the citation is issued fulfills the duty to appear in person or by attorney and is deemed an admission of the violation.
5. Procedure on Admission of Violation: If a violation is admitted to the Town Court, the civil penalty fixed under 9.16(B) for the violation must be paid to the Town in a manner authorized by the violations clerk. Whenever a person assessed a civil penalty fails to mail or deliver payment to the Town Court within 10 days of the date the citation is issued, the violations clerk adds a late charge in the amount of $25. Late payments are accepted by the violations clerk only with the consent of the Administrator if the violation has been referred to the Administrator under subsection (F).
6. Procedure on Denial of Violation, Failure to Appear, or Failure to Pay: If a person served a citation:
   1. appears at the Town Court and denies the alleged violation;
   2. fails to appear and admit or deny the alleged violation within 10 days of the issuance of the citation; or
   3. fails to pay the fixed civil penalty within 10 days after admitting the violation;
   the violations clerk reports the circumstances to the Administrator to begin appropriate administrative or judicial proceedings against the person.
7. Limitations: The fixed civil penalties specified in 9.16(B) apply only to violations admitted as provided in this section and are considered offers in compromise. If administrative or judicial proceedings are initiated for an alleged violation, the maximum penalty specified for the violation in 9.16(A) is applicable to the violation.
   

1. Occurrence of Violation: If the Administrator finds that a violation is occurring or has occurred on a construction site, the Administrator may place a stop work order on any land/property improvement process.
2. Procedure: Stop work orders must be a written letter stating the nature of the violation and requiring the work and any other illegal activity to stop immediately until the matter is resolved. If someone other than the property owner occupies the property, a copy of the stop work order must be provided to the occupant. This letter must be posted in a conspicuous place and be delivered or mailed to the property owner.
3. Reasons: Reasons for a stop work order may include:
   1. Not complying with any element of the development standards or any regulation of the Ordinance.
   2. Not obtaining a permit or approval prior to the construction or installation of any improvement requiring a permit or approval by this Ordinance.
   3. Not completing structures or other site improvements consistent with any approved improvement location permit, variance, special exception, development plan, or other approval.
   4. Not meeting the commitments imposed upon the approval of a special exception, variance, rezoning, development plan, subdivision plat, or other approval, whether recorded or not.
   5. Not meeting the conditions of a PUD Ordinance or other rezoning, or any written commitment imposed upon an approval, whether recorded or not.
   6. Illegal use or expansion of use of structures, or structures and land in combination.
4. Appeals: Any stop work order may be appealed to the BZA. Upon the resolution of the violation(s) to the satisfaction of the Administrator or the BZA, the stop work order is lifted and construction activity may resume.
   

1. Entry into Property: According to IC 36-1-6-2(a), if violation of a provision of this Ordinance exists on real property, the Administrator may have employees or contractors of the Town enter the property and take appropriate action to bring the property into compliance with the Ordinance.
2. Notice Requirement: Before the Town takes action to bring a property into compliance, anyone holding a substantial interest in the property must be given at least 10 days but not more than 60 days to bring the property into compliance. Notice must be served on such persons in person or by first class mail. In addition, continuous enforcement orders (as defined in IC 36-7-9-2) may be enforced, and liens may be assessed, without the need for additional notice.
3. Expenses Constitute a Lien: Whenever the Administrator takes action to bring compliance under this section, the resulting expenses incurred by the Town constitute a lien against the property. The lien attaches when notice of the lien is recorded in the office of the Hendricks County Recorder. The lien is superior to all other liens except liens for taxes and does not exceed:
   1. $10,000 for real property that: (a) contains one or more occupied or unoccupied single or double family dwellings or the appurtenances or additions to those dwellings, or (b) is unimproved; or
   2. $20,000 for all other real property not described in subdivision (1).
4. Issuance of Bill to Owner: According to IC 36-1-6-2(b), the Administrator may issue a bill to the owner of the real property for all expenses incurred by the Town in bringing the property into compliance, including administrative costs and removal costs. According to IC 36-1-6-2(c), a bill issued under this section is delinquent if the owner of the property fails to pay the bill to the Clerk-Treasurer within 30 days after the bill is issued.
5. Collection of Fees and Penalties: According to IC 36-1-6-2(d), the ClerkTreasurer’s office may prepare a list of delinquent fees and penalties enforceable under this section, including:
   1. the names of the owners of each lot or parcel of real property on which fees or penalties are delinquent;
   2. a description of the premises, as shown on the records of the Hendricks County Auditor; and
   3. the amount of the delinquent fees or penalties.
6. Preparation and Recording of Instrument: The Clerk-Treasurer’s office may then prepare an instrument for each lot or parcel of real property on which fees or penalties are delinquent. The instrument is recorded with the Hendricks County Recorder, who charges a recording fee under the fee schedule established in IC 36-7-2-10.
7. Placement of Lien on Tax Duplicate: According to IC 36-1-6-2(f), the amount of a lien is placed on the tax duplicate by the Hendricks County Auditor. The total amount, including any accrued interest, is collected in the same manner as delinquent taxes are collected and is disbursed to the general fund of the Town.
8. Enforcement of Lien against Subsequent Owner: According to IC 36-1-6-2(g), a fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded before conveyance to the subsequent owner. If the property is conveyed before the lien is recorded, the Town must notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not later than 15 days after the date of the notice. If payment is not received within 180 days after the date of the notice, the amount may be considered a bad debt loss.
9. Release of Lien: According to IC 36-1-6-2(h), the Town releases:
   1. liens filed with the Hendricks County Recorder after the recorded date of conveyance of the property; and
   2. delinquent fees incurred by the seller; upon receipt of a written demand from the purchaser or a representative of the title insurance company or agent that issued a title insurance policy to the purchaser. The demand must state that the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner and that the purchaser has not been paid by the seller for the delinquent fees.
10. Removal of Lien from Tax Duplicate: According to IC 36-1-6-2(i), the Hendricks County Auditor removes the fees, penalties, and service charges that were not recorded before a recorded conveyance to a subsequent owner, upon receipt of a copy of the written demand under Subsection I.
    

1. General Requirements: According to IC 36-1-6-2(a), if a condition violating a provision of this Ordinance presents an immediate risk to public health, safety, or welfare or to property in the Town, the Administrator may opt to have employees or contractors of the Town enter the property and take immediate action to bring the property into compliance. The Administrator is not required to provide prior notice to the property owner or other person responsible for the violation.
2. Immediate Public Risks: Immediate public risk violations may include:
   1. Obstructions: Signs, structures, landscaping, or other materials placed in an easement, sight visibility triangle, or rights-of-way in violation of this Ordinance;
   2. Distractions: Any sign, structure, landscaping, or other material located on private property that serves to distract or inhibit operators of motor vehicles on adjacent public ways, pedestrians, or other members of the general public; and
   3. Other Threats: Any other immediate threat to public welfare as determined by the Town Manager or the BZA, based upon the advice and recommendation of the Administrator.
3. Seizure of Materials: Any sign, structure, landscaping, or other material constituting an immediate public risk violation may be seized by the Administrator in a manner resulting in the least damage to the material or the property on which it is located.
4. Notice of Violation: The Administrator provides notice to the owner of the property, as listed in the records of the Hendricks County Auditor, where the violation was located, or any discernible appropriate owner of materials placed within a public way in violation of this Ordinance, by placing a notice in a conspicuous place on the property and mailing a letter to that property owner. All notice letters are sent to the property owner via certified mail within 24 hours of the seizure. Any notice posted on the property must be posted at the time the material is seized. The letter and posted notice must include:
   1. A description of the materials seized;
   2. A citation of the sections of this Ordinance that were violated and the characteristics of the violation that posed an immediate threat to public welfare;
   3. The address and phone number of the Administrator and the name of the person to be contacted by the property owner to discuss the violation and request the return of the seized items; and
   4. Instructions describing how, where, and when the seized items may be claimed.
5. Storage and Retrieval of Seized Materials: The Administrator stores any sign, structure, landscape materials or other items seized in a secure location for a period of no less than 30 days from the date notice was mailed to the property owner. The property owner may claim the seized property following its seizure upon the payment of the fine specified in 9.16 and the establishment of a Memorandum of Agreement between the property owner and Administrator regarding the future use of the item in a manner consistent with this Ordinance.
6. Liability: Neither the Administrator, the Town, nor any other official or entity involved in the seizure is liable for any damage to the seized materials or the property from which they were taken.
   

1. Provisions that Restrict or Prohibit Actions Harmful to the Land, Air, or Water: According to IC 36-1-6-9, the Town may opt to enforce any provision of this Ordinance that restricts or prohibits actions harmful to the land, air, or water, through an administrative proceeding before the BZA. The BZA must find that the violation has been proved by a preponderance of the evidence. Upon finding a violation, the BZA may assess a civil penalty within the limits set forth in 9.16.
2. Appeal to Court: According to IC 36-1-6-9(e), a person who is assessed a civil penalty under this section may appeal the BZA’s order imposing the penalty to the Hendricks Circuit or Superior Court. An appeal under this section must be filed not more than 60 days after the date on which the BZA enters the order.
3. Payment of Civil Penalty: Unless a person who is assessed a civil penalty under this section files an appeal, the person must pay the penalty to the Town in a manner authorized by the Clerk-Treasurer. Whenever a person liable for a civil penalty under this section fails to deliver payment to the Town within 75 days after the date on which the administrative body enters the order imposing the penalty, the ClerkTreasurer reports the circumstances to the Administrator for the initiation of appropriate judicial proceedings against the person.
4. Effect of Administrative Process: An Ordinance violation processed under this section does not constitute a judgment for the purposes of IC 33-37. An ordinance violation costs fee may not be collected from the defendant under IC 33-37-4.
   

1. Initiation: According to IC 36-7-4-1014, the Administrator or the BZA may bring a civil action to enforce a provision of this Ordinance, or any conditions imposed by the Commission or BZA under the Advisory Planning Law. The action is brought in the name of the Administrator or the BZA as plaintiff. According to IC 34-28-5-1, the plaintiff need not prove this Ordinance is valid, unless its validity is controverted by affidavit. The plaintiff may invoke any legal, equitable, or special remedy in an action brought under this section. Actions must be filed in the Town Court.
2. Procedure in General: An action to enforce a provision of this Ordinance must be brought within 2 years after the alleged violation occurred. Proceedings initiated under this section are conducted according to the Indiana Rules of Trial Procedure. The plaintiff must prove the commission of a violation by a preponderance of the evidence. The complaint and summons described in IC 9-30-3-6 (without the provisions relating to the operation of a vehicle) may be used in any Ordinance enforcement case.
3. Right to Trial: A person charged with an Ordinance violation is entitled to a court trial as provided by law, unless the person waives the right to trial and enters an admission of the violation.
4. Judgment: A judgment may be entered against the defendant upon a finding by the court that the defendant violated this Ordinance. A judgment up to the amount requested in the complaint may be entered for the violation. A defendant against whom a judgment for a violation is entered is liable for costs. Costs are part of the judgment and may not be suspended; however, whenever a judgment is entered against a person for the commission of 2 or more ordinance violations, the court may waive the person's liability for costs for all but one of the violations, as specified by the court. The Town is entitled to a judgement for reasonable attorney’s fees, court costs and the cost of litigation in addition to the fine imposed or other monetary award.
   

The failure to comply with the terms and provisions of the Avon Unified Development Ordinance or any decision or ruling of the Plan Commission, Board of Zoning Appeals or Town Council on any zoning matter is a violation under this chapter.

1. Authority:
   1. The Administrator may, according to this section, revoke any approval granted by an appointed body at a previous public hearing; including any development review approval, variance, special exception, plan review or any other approval, under the following circumstances:
      1. It is determined that the approval was obtained without adhering to the applicable procedures within the appropriate section of this Ordinance including:
         1. Failure to properly notify adjoining property owners as required by statute;
         2. Failure to demonstrate consent of owners of included properties as required by statute;
         3. Any other failure to satisfy a statutory provision of the applicable approval procedure as specified within this Ordinance.
      2. It is determined that the approval was obtained based on factual errors in the submittal.
      3. It is determined that the approval was obtained based on falsified information.
   2. The Administrator may revoke any approval granted administratively, including any improvement location permit, sign permit, or certificate of occupancy.
2. Appeal: Any party aggrieved by the revocation of any approval by the Administrator may appeal the decision.
   1. The board or body responsible for the applicable approval and the original hearing conducts any public hearing related to any proposed revocation according to the Rules of Procedure applicable to that board or body.
   2. Any revocation of an approval granted administratively may be appealed to the Board of Zoning Appeals according to 8.6 Appeals.
3. Result of Revocation: No person may continue to make use of land or buildings in the manner authorized by any approval after the approval has been revoked.
4. Records: A record of any decision to revoke any review is added to the original petition file.
   

According to IC 36-7-4-1012 et seq. any structure, land, or premises found to be in violation of this Ordinance is hereby declared to be common nuisance. Any owner or possessor of the structure, land, or premises is, in addition to any other fine or civil penalty, liable for maintaining a common nuisance.

All decisions of the Administrator may be appealed to the Board of Zoning Appeals according to the procedures and standards for appeals of administrative decisions in 8.6 Appeals.

Nothing in this chapter should be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this Ordinance from bringing an appropriate action to secure relief.

The Administrator is authorized to enforce the provisions of this chapter. The Administrator may inspect, at such times as he deems necessary, each sign or sign structure regulated by this chapter for the purpose of ascertaining whether the sign complies with this chapter or any other relevant Town code, law or ordinance.

Should the Administrator find any sign to be unsafe, unlawful, or a menace to the public; or constructed, erected, or maintained in violation of the provisions of this chapter; the Administrator may begin enforcement.

If the holder of the permit should fail to remove the sign or bring the sign into compliance, the Administrator may pursue enforcement of the violation.

1. Unlawful signs: Unlawful signs are a violation of this Ordinance and must be removed immediately upon notice. Should the owner fail to remove the sign or bring the sign into compliance, the Administrator may pursue enforcement of the illegal sign.
2. Signs Causing Immediate Peril: The Administrator may cause any sign causing immediate peril to persons or property to be removed summarily without notice.
3. Signs No Longer in Use: Any sign advertising a defunct or relocated business or an unavailable product or service, is deemed a violation of this Ordinance and must be taken down and removed by the owner, agent, or person having the control of the premises upon which the sign is located within 30 days of the violation. The Administrator gives notice to the owner or to any person occupying the property that the sign on the premises is in violation. Failure to comply with the notice within the time specified causes the Administrator to prosecute the violation. The structure of a sign no longer in use may remain in place if the sign's message can be removed without detriment to the overall appearance of the sign. The Administrator decides to allow the structure of the sign to remain.
4. Additional Enforcement Action for Violations on Private Property: For signs found to be in violation of this chapter, the Administrator may enter onto the subject property and take appropriate action, including removal of the sign, to bring the property into compliance. However, before such compliance action is taken, the Administrator provides notice of the pending compliance action to all people holding a substantial interest in the property to provide a reasonable time to bring the property into compliance. The Town's expenses involved in the compliance action become a lien against the subject property.