Clinton City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 152.340 ENFORCING OFFICER.
The Zoning Inspector, or his or her designee, shall be the enforcing officer of this chapter. The enforcing officer is hereby authorized to enforce, issue orders to prevent and stop violations, and administer the provisions of this chapter. The Zoning Inspector may be assisted by other personnel as the Village Council deems necessary.
(Prior Code, § 1165.01) (Ord. O-18-20, passed 11-20-2018)
§ 152.341 VIOLATIONS.
(A) Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this chapter and by the state statutes:
(1) To engage in any construction, use of land or building, expansion, change of occupancy or other activity of any nature upon the land and improvements thereon subject to the jurisdiction of the village without all of the required certificates or reviews, or other forms of authorization as may be set forth in this chapter;
(2) To engage in any construction, use of land or building, expansion, change of occupancy or other activity of any nature in any way inconsistent with any approved certificate or approval granted by the village in accordance with this chapter;
(3) To violate, by act or omission, any term, condition or qualification placed by the village upon a required certificate or approval granted by the village;
(4) To violate any other term, condition, standard or requirement of this chapter; or
(5) To continue any of the above-stated violations.
(B) Each day a violation continues shall be considered a separate offense.
(C) In all cases, the Village Council, the Village Solicitor, the Zoning Inspector or any adjacent or neighboring property owners who would be especially damaged by such violations, in addition to other remedies provided by law, may, at their own expense, institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such violation.
(Prior Code, § 1165.02) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.342 INSPECTION.
The Zoning Inspector shall inspect each alleged violation and shall, in writing, order correction of all conditions which are found to be in violation of this chapter. The Zoning Inspector will prepare a written report and case file on any matter that might warrant suit or prosecution for a violation of this chapter.
(Prior Code, § 1165.03) (Ord. O-18-20, passed 11-20-2018)
§ 152.343 REMEDIES.
If any building or land is used, altered, constructed, enlarged or any other action proposed in violation of the provisions of this chapter or any amendment or supplement thereto, the Village Council, the Village Solicitor, the Zoning Inspector or any person or any property owner damaged by or subject to damage by such violation, in addition to remedies provided by law, is hereby empowered or authorized to institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, enlargement, change maintenance or use.
(Prior Code, § 1165.04) (Ord. O-18-20, passed 11-20-2018)
§ 152.344 AFFECTED PARTIES.
The owner or tenant of any building, structure, premises or part thereof, and any architect, engineer, surveyor, builder, contractor, agent or other person who commits, participates in, assists in or maintains a violation may be penalized pursuant to § 152.999.
(Prior Code, § 1165.06) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.345 OTHER ACTIONS.
Nothing herein contained shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violation including issuing a misdemeanor citation for a continuing Zoning Code violation.
(Prior Code, § 1165.07) (Ord. O-18-20, passed 11-20-2018)
§ 152.999 PENALTY.
(A) Any person, firm or corporation violating any regulation, provision, amendment or supplement to this chapter, or failing to obey any lawful order of the Zoning Inspector issued pursuant thereto, shall be fined an administrative/civil fine as listed in the village fee schedule pursuant to § 37.01. The first offense shall be deemed a level one violation, a second offense shall be deemed a level two violation and each offense thereafter shall be deemed a level three violation. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense.
(B) If payment is not received by the village within 30 days from the date of the mailing such notice, Council shall then make a written return to the County Fiscal Officer of its action, showing the total charges together with all applicable attorney and/or collection agency fees up to one-third of the total amount owed. Such amounts shall be entered upon the tax duplicate, shall be a lien upon the lot from the date of entry and shall be collected as other taxes are collected and returned to the village by the County Fiscal Officer.
(C) The Mayor or the Mayor’s designee has the discretion to waive up to 50% of the total assessed fine or lien and execute any related paperwork in changing a lien release. The Village Council must approve any fine waiver or lien release beyond 50% of the total fine or lien levied.
(Prior Code, § 1165.05) (Ord. O-18-20, passed 11-20-2018)