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Fishers City Zoning Code

CHAPTER 11

ENFORCEMENT & PENALTIES

Sec. 11.1.1. Authority

  • The Commission, Board, Council, the Director, the Building Commissioner, the Fire Marshal, the Ordinance Violations Bureau, and their delegates (here after referred to as the "City" within this Chapter) are designated to enforce the provisions, regulations, and intent of the UDO.
  • The City may also utilize the provisions of Title III: Administration; Chapter 36: Ordinance Violations Bureau of the Fishers, Indiana Code of Ordinances to enforce the UDO.

    • Effective on: 1/1/1901

    Sec. 11.1.2. Authority to Investigate Potential Violations

    Complaints made pertaining to the UDO may be investigated by the City. Also, any violations suspected by the Commission, Council or Director shall be investigated by the Director’s designee. Action may or may not be taken depending on the circumstances. The degree of action required after the investigation, if any, shall be at the discretion of the inspector.

    Effective on: 1/1/1901

    Sec. 11.1.3. Inspection of Property

  • Investigations of property may be conducted by the City either from a right-of-way without permission of the property owner, or adjacent property (with permission of the adjacent property owner), or from the property suspected of a violation once the inspector has presented sufficient evidence of the inspector’s authorization and described the purpose of the inspection to the owner, tenant, or occupant at the time of the inspection.
  • If the inspector is denied entry, and provided there is sufficient evidence of a violation of the UDO, the City may apply to the City Court or any other court of competent jurisdiction (hereafter referred to collectively as the "Court" within this Chapter) to invoke legal, equitable, or other available remedy, including application for a warrant, for the enforcement of the UDO or any applicable ordinances.
  • The Court may, in its discretion, issue an order requiring the owner, tenant, and/or other occupant to permit entry by the City for the purposes documented in any warrant application.

    • Effective on: 1/1/1901

    Sec. 11.1.4. Legal Responsibility for Violations

    The owner, tenant, and/or occupant of any property or building, or part thereof, collectively shall be responsible for any violation of the UDO.

    Effective on: 1/1/1901

    Sec. 11.1.5. Liability

    A structure that is erected or converted, or land used in violation of the UDO or its subsequent amendments may be deemed a common nuisance and the owner, possessor, and/or tenant of such structure or land shall be liable for said nuisance

    Effective on: 1/1/1901

    Sec. 11.1.6. Violations During Construction

  • The City may place a Stop Work Order or Notice of Violation on any lot improvement process. A Stop Work Order or Notice of Violation shall be issued by written notice, shall describe the violation, and shall state that the unauthorized work or conduct must stop immediately until such work or conduct is corrected. This notice shall be posted in a conspicuous place on the property or be delivered/mailed to the owner, developer, property manager, tenant, and/or occupant. The Director or a designee shall meet with the person served the Stop Work Order or Notice of Violation within seven (7) working days of receiving a request by such person. A Memorandum of Agreement shall be drafted stating the conditions under which construction or action may be resumed. This Memorandum of Agreement must be signed by the owner, developer, property manager, tenant, and/or occupant that has caused or is responsible for the violation and by the Director or a designee.
  • Reasons for a Stop Work Order include:
    1. Not complying with development standards and/or any regulations of the UDO;
    2. Not obtaining a required permit;
    3. Not meeting the conditions of approval or commitments attendant to a Commission, Board, or Council decision, or of a required permit;
    4. Not meeting the conditions of development commitments, site plans, development plan, construction plans, or covenants that are enforceable by the Commission;
    5. Not obtaining any other permit necessary for site/property improvement as called out in local code or UDO;
    6. Illegal use or expansion of a use in a building/structures or illegal use of land or any combination.

    • Effective on: 1/1/1901

    Sec. 11.1.7. Types of Violations

    The following items shall be deemed civil zoning violations, enforceable by the Commission, Council, or Director. Penalties may be imposed based on the provisions set forth in this Chapter.

    1. The placement of a primary structure, accessory structure, sign, sign structure, or any other element, whether temporary or permanent, that does not conform with the provisions or explicit intent of the UDO.
    2. The erection of a primary structure, accessory structure, sign, sign structure, or any other element, whether temporary or permanent, that conforms with the provisions or explicit intent of the UDO.
    3. The failure to maintain a primary structure, accessory structure, sign, or any other element, whether temporary or permanent, in a manner that does not conform with the provisions or explicit intent of the UDO.
    4. The failure to obtain an Improvement Location Permit, Building Permit, Sign Permit, Temporary Use Permit or any other required permit under the UDO when required prior to initiation of improvements, change of land use, or other modifications regulated under this Ordinance.
    5. The failure to obtain a Certificate of Occupancy.
    6. Maintaining a use or uses that do not comply with the provisions or explicit intent of the UDO.
    7. Any failure to comply with any regulations of the UDO, including, without limitation: development standards, design standards, Improvement Location Permit, Building Permit, Sign Permit, Temporary Use Permit, site plan, planned unit development, commitments made, or conditions of approval imposed.
    8. Disregarding a Stop Work Order.
    9. Violating the terms of a Memorandum of Agreement.
    10. Any failure to comply with commitments required with a rezoning, approval of a detailed development plan, special exception, variance, or other similar commitment.
    11. Failure to place and maintain premises address identification numerals in a conspicuous location on the property.

    Effective on: 1/1/1901

    Sec. 11.1.8. Procedure for Violations

    There shall be a two (2) step procedure for violations of the UDO:

    1. Step 1 - Notice of Violation
      1. The City shall issue a Notice of Violation letter to the person who is responsible for the violation. The Notice of Violation letter shall state that a violation has been determined and that the person responsible for the violation must correct the violation within a given timeframe:
        1. In the case of a Temporary Use or Temporary Sign, the corrective action can be required within two (2) hours but in no case longer than 10 working days.
        2. All other violations (not temporary in nature) shall receive a certain time, typically including a weekend, for corrective action; however, in no case shall the period exceed 30 calendar days, unless a written and approved explanation is entered in the file by the Director.
      2. If the violation has been corrected within the timeframe provided on the Notice of Violation, no further action will be taken and no fines will be imposed. If the violation is not corrected within the timeframe outlined in the Notice of Violation, then the fines shall be accessed as outlined in Sec. 11.1.10. Fines & Penalties below. Each day the violation remains uncorrected thereafter shall constitute a separate violation.
      3. A Notice of Violation issued shall contain the following:
        1. The date and time of personal contact or the postmark date of the letter issued;
        2. The name and address of the person or company charged;
        3. The section number of the pertinent ordinance that has been violated (each separate section may be considered separate offenses and subject to separate fine and penalties;
        4. The nature of the civil violation(s);
        5. The place and time at which the violation(s) occurred;
        6. The range of fines that could be assessed upon continued noncompliance;
        7. The specific time allowed to bring the violation into compliance; and
        8. The name, business address and telephone number of the official issuing the notice of violation.
      4. Failure to comply with the terms of the Notice of Violation will result in Step 2, Legal Action.

    2. Step 2 - Legal Action

      If a violation identified in the Notice of Violation letter is not corrected within the terms of the Notice, then the matter will be turned over to City Attorney for legal enforcement with the Court. The City Attorney may pursue all remedies available under the UDO and, IC 36-7-4-1000, and all other applicable State law.

    Effective on: 1/26/2021

    Sec. 11.1.9. Enforcement, Remedies, & Injunctive Relief

  • The City or any enforcement official designated by the UDO may bring an action in Court to invoke any legal, equitable, or special remedy, for the enforcement of any ordinance or regulation created under IC 36-7-4 et seq., including, without limitation, the UDO.
  • The City or any enforcement official designated by the UDO may also bring an action in Court for violations of the following:
    1. Agreements between the City or its designees that have been recorded as covenants in connection with a subdivision plat, a development plan, or a planned unit development.
    2. Commitments made in accordance with IC 36-7-4 et seq.
    3. Conditions imposed in accordance with IC 36-7-4 et seq.
  • The Board, or any enforcement official designated by the UDO may bring an action in Court to restrain a person from violating IC 36-7-4 et seq. or any ordinance adopted under IC 36-7-4 et seq., including, without limitation, the UDO.
  • The Board or any enforcement official designated by the UDO may bring an action in the Court for a mandatory injunction directing the removal of any structure erected in violation of the UDO or applicable statute. If the Board or enforcement official designated by the UDO prevails in any such action, it shall be entitled to recover its reasonable attorney fees and costs from the defendant.
  • An action to enforce a commitment made in accordance with IC 36-7-4 et seq. may be brought in the Court by:
    1. Any person who is entitled to enforce a commitment made in accordance with IC 36-7-4 et seq. under the rules of the Commission or the Board in force at the time the commitment was made; or
    2. Any other specially affected person who was designated in the commitment.
  • When a person has been found to have committed a civil 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.

    • Effective on: 1/1/1901

    Sec. 11.1.10. Fines & Penalties

  • Monetary fines will be imposed based the nature of violation:
    1. Temporary Signage/Banners
    2. Temporary Uses
    3. Permanent Signage or Sign Structures
    4. All Other Violations of the UDO
  • Unless corrected pursuant to Sec. 11.1.10.A. above, monetary fines will be imposed as follows:
    1. $200.00 per temporary sign or banner violation determined per day
    2. $500.00 per temporary use violation determined per day
    3. $300.00 per any other violations of the UDO determined per day

    Consistent with Sec. 11.1.8A., each day the violation remains unconnected shall constitute a separate violation.

  • Payment of any violation shall be delivered to the City who shall deposit the funds in an account as determined by the Council. A receipt of payment must be recorded and a receipt issued to the person making payment.

    • Effective on: 7/20/2018

    Sec. 11.1.11. Appeals or Trials

  • In accordance with IC 36-7-4-1000, any person receiving a Notice of Violation may dispute the violation by submitting a written statement to the Board via certified mail at least three (3) business days prior to the date the fine is due. 
  • If the Board upholds the violation, that decision may be appealed to the City Court within five (5) business days. The City Court shall forward such written statement to the City Attorney, who may, in its discretion, pursue all remedies specified in this Chapter. 
  • Any fines claimed as due and owing shall be postponed pending resolution of any legal action initiated by the City Attorney.

    • Effective on: 1/1/1901