(a)   Administrative procedures for administering, interpreting, and enforcing this Zoning Code are herein established in order to achieve among others, the following purposes:

      (1)   To provide for Code enforcement by mandating the review of all applications required by this Zoning Code;

      (2)   To provide supplementary administrative procedures in conformity with the objectives of this Zoning Code;

      (3)   To assure that in the construction of new buildings, alterations or change of use, all required provisions have been complied with by requiring a Certificate of Zoning Compliance before occupancy or use;

      (4)   To provide for the keeping of records of actions in regard to the enforcement of this Code;

      (5)   To provide measures in cases where there is noncompliance.

   (b)   In administering this Code, the provisions shall be regarded as establishing minimum requirements and shall be used specifically to further the underlying purposes, objectives and intent set forth in the preamble to each chapter. Whenever this Zoning Code imposes greater restrictions than are imposed or required by further provisions of law or by other rules or regulations, the provisions of this Zoning Code shall govern.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Administration. The administration of this Zoning Code is vested in the following officials, commissions and boards of the City of Fairlawn:

      (1)   Planning Commission;

      (2)   Zoning Administrator;

      (3)   Board of Zoning and Building Appeals;

   (b)   Implementation. The position of Zoning Administrator is hereby established in and for the City to administer and enforce this Zoning Code, including the receiving of applications, the inspection of premises and the issuing of certificates. The Zoning Administrator is hereby charged with the duty to inspect all development work at regular intervals and shall have authority to stop any work or construction that is in violation or contrary to any part of the approved final site plan. Such remedy shall be in addition to the penalty provided in Section 1236.99. The Zoning Administrator is hereby authorized to:

      (1)   Issue zoning certificates as provided by this Zoning Code and keep a record of the same with a notation of any special conditions involved;

      (2)   Make inspections to assure compliance with this Zoning Code and to assure that the construction is in accordance with the plans and specifications presented and approved; and does not adversely affect the environment;

      (3)   Issue certificates of zoning compliance as provided by this Zoning Code and keep a record of the same;

      (4)   Review and act on sign applications, as provided for in Chapter 1298, Sign Regulations, according to the procedures, standards, and criteria stated in this Zoning Code;

      (5)   Accept, review for completeness, and respond to questions regarding applications upon which the Zoning Administrator is authorized by the provisions of this Zoning Code to review;

      (6)   Coordinate the City's administrative review of applications required by this Zoning Code;

      (7)   Hear and decide all other matters referred to and upon which the Zoning Administrator is required to pass by this Code;

      (8)   Accept the required fees on behalf of the City, maintain records thereof and make proper accounting therefore to the Finance Director.

   (c)   Compliance. Compliance with the provisions of this Code shall be obtained by:

      (1)   Applying for the issuance of a zoning certificate in accordance with the provisions of Chapter 1238, Zoning Certificate and Certificates of Zoning Compliance.

      (2)   Applying for a certificate of zoning compliance issued in accordance with the provisions of Chapter 1238, Zoning Certificate and Certificates of Zoning Compliance.

   (d)   General Procedures. Whenever the Zoning Administrator determines that there has been a violation of any of the provisions of Title Six, Zoning Code, of the Codified Ordinances of the City of Fairlawn, the Zoning Administrator shall give notice of the violation to the person responsible therefor and order compliance, as herein provided. The notice and order shall:

      (1)   Be put in writing on an appropriate form as the Zoning Administrator shall determine;

      (2)   Include a list of violations, refer to the sections and divisions violated and order remedial action which will effect compliance with the provisions of this Title;

      (3)   Specify a reasonable time within which to comply; and

      (4)   Be served on the responsible person personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified and regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address, or the building affected.

   (e)   Assessment Criteria. Whenever a person violates or fails to comply with any of the provisions of this Title, the Zoning Administrator shall have the authority to issue a stop work order and/or impose an administrative penalty. The Zoning Administrator shall consider:

      (1)   The extent to which the person has benefited by the violation of this chapter;

      (2)   The degree of harm to the public health, safety, welfare and aesthetics as a result of the violation of this Title;

      (3)   The recidivism of the person, including previous notices and orders to comply and previous enforcement action;

      (4)   Good faith efforts of the person to remedy the violation of this Title; and

      (5)   The duration of the violation after a notice and order to comply was served pursuant to this section.

   (f)   Administrative Penalty. The imposition of an administrative penalty shall be accomplished only after a notice and order is provided to the responsible person. Notice of a decision imposing an administrative penalty shall:

      (1)   Be put in writing on an appropriate form as the Zoning Administrator shall determine;

      (2)   State the basis for the administrative penalty, including the section of this Title that has been violated;

      (3)   Specify the date and manner by which the penalty must be paid; and

      (4)   Be served on the responsible person personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified and regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address, or the dwelling affected.

   (g)   Stop Work Order. The imposition of a stop work order shall be accomplished by posting the same at the location where the work was being performed. The stop work order shall:

      (1)   Be put in writing on an appropriate form as the Zoning Administrator shall determine;

      (2)   State the basis for the stop work order, including the section of this Title that has been violated;

      (3)   All work on the area affected by the violation shall cease;

      (4)   Specify the manner by which the stop work order may be lifted; and

      (5)   Be served on the responsible person personally, or by regular mail to the person's residence, regular place of business, last known address, or shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address or the dwelling affected.

   (h)   Citation. In addition to the administrative remedies and penalties provided in the chapter, the Zoning Administrator shall have the authority to cite the responsible person to the City of Fairlawn Mayor's Court. The Citation shall:

      (1)   Be in writing;

      (2)   State the section of this Title that has been violated; and

      (3)   State the maximum fine that can be imposed is one hundred and fifty no/dollars ($150.00).

   (i)   Right of Appeal. Any order to comply with the Zoning Code issued by the Zoning Administrator may be appealed to the Board of Zoning and Building Appeals by any persons adversely affected by such order. The appeal shall be in writing and filed within twenty days (20) after the order is served.

   (j)   Appeals from Zoning Administrator Decision. The Board of Zoning and Building Appeals shall have jurisdiction to hear all appeals pursuant to subsections (d) through (g) of this section, and this subsection (j). The decisions of the Board of Zoning and Building Appeals shall be made in strict conformance with the provisions of this Zoning Code.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Any action that is performed in violation of this chapter shall be deemed a violation of this chapter and subject to any or all of the penalties thereof.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land is or is proposed to be used in violation of any of the provisions of this Zoning Code, Council, the Director of Law, the Zoning Administrator, Building Commissioner or any adjacent or neighboring property owner who would be especially damaged by such 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 such unlawful location, erection, construction, reconstruction, enlargement, change, maintain or use.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Administrative Penalties. In addition to any criminal penalties that may be imposed pursuant to subsection (c) of this section, any person who violates or fails to comply with any of the provisions of this chapter shall be subject to the following administrative penalties in accordance with the criteria stated in Section 1236.02(e) of this chapter:

      (1)   For a first offense, an administrative fine of up to one hundred fifty dollars ($150.00).

      (2)   For a second offense, an administrative fine of up to two hundred fifty dollars ($250.00).

      (3)   For a third offense, an administrative fine of up to five hundred dollars ($500.00).

   (b)   If a person fails, neglects or refuses to pay an administrative penalty within the time ordered pursuant to Section 1236.02(f) of this chapter, then the Zoning Administrator shall so notify the Director of Finance. In addition to the administrative penalty, an interest rate equal to the current rate of interest charged by the City on special assessments shall be imposed by the City for the life of the administrative penalty, and collected as provided in this section. The Director of Finance shall then certify the amount of the administrative penalty, including interest, to the County of Summit Fiscal Office. The County of Summit Fiscal Office shall enter the amount on the tax duplicate of the County as a special assessment against the person's real estate at issue.

   (c)   Criminal Penalties. In addition to any administrative penalties that may be imposed pursuant to subsection (a) of this section, any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a minor misdemeanor and shall be fined not more than one hundred fifty dollars ($150.00). A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(Ord. 2010-059. Passed 3-7-11.)