Defiance City Zoning Code
CHAPTER 1183
Enforcement and Penalties
1183.01 ENFORCING OFFICER.
It shall be the duty of the Zoning Commissioner to enforce this code. The zoning commissioner is hereby authorized to enforce, issue orders to prevent and stop violations, and administer the provisions of this code. The Zoning Commissioner may be assisted by other personnel. (Ord. 8592. Passed 7-2-24.)
1183.02 REMEDIES.
If any building is located or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is used or is proposed to be used, in violation of code, or any amendment or supplement thereto, the Zoning Commissioner, the Law Director, or any adjacent or neighboring property owner who would be especially damaged by the violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove the unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 8592. Passed 7-2-24.)
1183.03 NOTICE OF VIOLATION.
The notice of any violation of the code shall be as follows:
(a) Whenever the Zoning Commissioner determines that there is a violation of any provision of this code, a notice of such violation shall be issued. Such notice shall:
(1) Be in writing;
(2) Identify the violation;
(3) Include a statement of the reason or reasons why it is being issued and refer to the section of this code being violated; and
(4) State the time by which the violation shall be corrected.
(b) Service of the notice of the violation shall be as follows:
(1) By personal delivery to the person or persons responsible, or by leaving notice at the usual place of residence of the owner with a person of sixteen (16) years or older; or
(2) By certified mail, and first class simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when a certified mail receipt is received or first class mail is not returned after ten (10) days of mailing; or
(3) By posting a copy of the notice form in a conspicuous place on the premises found in violation.
(Ord. 8592. Passed 7-2-24.)
1183.04 PENALTIES.
(a) Any person, firm, or corporation violating any regulation, provision, amendment, or supplement of this code, or failing to obey any lawful order of the Zoning Commissioner, shall be deemed guilty of a minor misdemeanor and shall be fined not more than five hundred dollars ($500.00) or the maximum amount allowed by the ORC. Each and every day during which the illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues may be deemed a separate offense.
(b) Whoever willfully violates any rule or regulation adopted by City Council for the purpose of setting standards and requiring and securing the construction of improvements within a subdivision, or fails to comply with any order issued pursuant thereto, shall forfeit and pay more than one thousand dollars ($1,000.00). This sum may be recovered with costs in a civil action brought in any court with jurisdiction.
(c) Whoever willfully transfers any lot, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the Defiance County Recorder's office, shall forfeit and pay up to five hundred dollars ($500.00) for each lot, parcel or tract of land so sold. The description of the lot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this section. If the land is within the City, such sum may be recovered in a civil action brought in any court with jurisdiction by the Law Director in the name of the City.
(d) Whoever disposes of, offers for sale or leases for a time exceeding five (5) years, any lot or any part of a lot in a subdivision with intent to violate this code shall forfeit and up to five hundred dollars ($500.00) for each lot or part of a lot so sold, offered for sale or leased, to be recovered with costs in a civil action, in the name of the finance director, for the use of the City. (Ord. 8592. Passed 7-2-24.)
1183.05 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 found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 8592. Passed 7-2-24.)
1183.06 OTHER ACTION.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation including issuing a misdemeanor citation for a continuing code violation. (Ord. 8592. Passed 7-2-24.)