1. A failure to comply with any of the requirements of the Unified Development Ordinance, including violations of conditions and safeguards established in connection with the granting of variances, special uses or Planned District Development Plan approvals, shall constitute a violation of the Unified Development Ordinance.
2. The Plan Commission, the Board of Zoning Appeals, the Director of Community Services, Code Enforcement, any other designated enforcement official or any person or persons, firm or corporation jointly or severally aggrieved, may institute a suit for injunction in any court of competent jurisdiction to restrain an individual or a governmental unit from violating the provisions of the Unified Development Ordinance.
3. The Plan Commission, the Board of Zoning Appeals or the Director of Community Services may also institute a suit for mandatory injunction directing any individual, firm, corporation, or governmental unit to remove a structure erected in violation of the provisions of the Unified Development Ordinance.
4. Any building erected, raised or converted, or land or premises used in violation of any provisions of the Unified Development Ordinance or of the requirements thereof, is hereby declared to be a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter be abated under existing law.
5. Any person, firm, or corporation, whether as principal, agent, employee or otherwise, who violates the Unified Development Ordinance is subject to the penalties provided in Article 10: Enforcement.
6. The owner or tenant of any buildings, structure, premises or part thereof, and any architect, builder, contractor, realtor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

1. Any person, firm or corporation who uses property in violation of the Unified Development Ordinance, or who knowingly permits another person, firm or corporation to do so, shall upon citation by the designated enforcement entity be deemed to have committed a civil zoning violation and shall pay to the City of Carmel a civil monetary fine in the amount prescribed by Section 10.03: Schedule of Civil Monetary Fines.
2. Each separate day of violation that remains uncorrected is a distinct and separate civil zoning violation subject to an additional citation and fine in the amount prescribed by Section 10.03: Schedule of Civil Monetary Fines.

1. The maximum civil monetary fine for each civil zoning violation of the Unified Development Ordinance shall be $1,000.00, except as provided by in Section 10.03: Schedule of Civil Monetary Fines below.
2. For a repeated civil zoning violation by the same violator, the maximum civil penalty shall be:
   1. Second Violation shall be $2,000.00
   2. Third Violation shall be $3,000.00
   3. Fourth Violation shall be $4,000.00
   4. Each violation in excess of four (4) shall be $5,000.00

1. The Director of Community Services, upon verification of a civil zoning violation, may issue a civil violation to any responsible party(ies) who commit(s) a civil zoning violation. The citation may be served by personal service or by certified mail or by placement in a conspicuous place on the property where the civil zoning violation occurs. If personal service of a civil zoning violation is made by a Planning Administrator, said official will:
   1. Wear on his person in a conspicuous manner, identification from the City of Carmel; and

   2. Wear on his person in a conspicuous manner, identification of his employment with the Department of Community Services.

      The citation shall serve as notice to the responsible party(ies) that he has committed a civil zoning violation

2. Where a Zoning Violation exists, the Director of Community Services, may issue a Citation against the property owner for the violation without first issuing a Notice of Violation. In his sole discretion, the Director of Community Services, may issue a Notice of Violation and allow a period of time for the property owner to correct the violation and to comply with the appropriate Section of the Unified Development Ordinance. At the expiration of the period of time granted in the Notice of Violation for compliance, the Director of Community Services, may issue a citation for the zoning violation in his discretion.

3. The Notice of Violation shall include:

   1. Date of issuance;

   2. The name and address of the persons(s) charged;

   3. Section number of the Unified Development Ordinance that has been violated;

   4. Nature of the Civil Violation;

   5. The place and time that the Civil Violation occurred;

   6. Range of fines which could be assessed upon continued noncompliance activity;

   7. Specific time allowed to bring the Civil Violation into compliance;

   8. Name, business address and telephone number of Planning Administrator issuing the citation; and

   9. Date and time of notice given and number of days given on notice;

4. The citation shall be on a form adopted by the Department of Community Services and shall include:

   1. Date of issuance;

   2. The name and address of the person(s) charged;

   3. Section number of the Unified Development Ordinance that has been violated;

   4. Nature of the Civil Violation;

   5. The place and time that the Civil Violation occurred;

   6. Amount of the civil fine assessed;

   7. The date, time, and location of the Court in which the civil violation will adjudicate; and

   8. Name, business address and telephone number of Planning Administrator issuing the citation; and

   9. Date and time that notice was given and number of days given on notice.

1. Upon issuance of the citation, the Planning Administrator shall forward a copy of the citation to the designated enforcement entity and the City Court of the City of Carmel, Indiana, shall schedule the case for trial.

The City Attorney, his/her designee, and/or the Department of Community Services is responsible for the enforce- ment of the Unified Development Ordinance.

All procedures will be in compliance with the Indiana Rules for Civil Procedure, and will adopt Court cost recovery for inns according to the State of Indiana.In proceedings before the Court for a Civil Zoning Violation:

B. In proceedings before the Court for a Civil Zoning Violation:

1. 1. The designated enforcement entity has the burden of proving the Civil Zoning Violation and the violator committed the infraction, by a preponderance of the evidence presented at trial;
   2. The violator may question all witnesses who appear for the designated enforcement entity and produce evidence or witnesses on the violator’s behalf;

C. A person found guilty of a civil zoning violation is liable for the fine, Court costs and fees. No costs may be assessed against the designated enforcement entity in any such action.

D. Seeking a civil penalty as authorized in this Section, does not prevent the designated enforcement entity from Seeking alternative relief from the Court in the same action, or from Seeking injunctive relief available under the law of the State of Indiana, or any other remedy in a separate action for the enforcement of the Unified Development Ordinance;

E. When a violator has been guilty of a Civil Zoning Violation, the Court may impose additional civil penalties and grant appropriate relief to abate or halt the violation, and the Court may direct that payment of the civil monetary fine or additional civil penalties be suspended or deferred under conditions established by the Court. If a violator fails to pay the civil penalty or violates the terms of any other order imposed by the Court, the failure is contempt; and

F. A change of venue from Carmel, Indiana, shall not be granted in such a case.