A.

Authority. The plan commission, board of zoning appeals, building official, mayor, common council, board of public works and safety, city engineer, and/or planning director (including their staff and/or designees) are designated to enforce the provisions, regulations, and intent of this chapter. All remedies and enforcement shall comply with the powers set forth in IC 36-7-4-1000 et al. and all other applicable state laws.

B.

Violations. Complaints made pertaining to compliance with provisions of this chapter shall be investigated by the planning director. The planning director may include other officials, such as the city engineer, building official, county health department officials, police chief, or any of their designees in the investigation. Action may or may not be taken depending on the findings of the investigation. The degree of action will be to the discretion of the planning director, and should reflect both what is warranted by the violation as well as a consistent approach to the enforcement of this chapter.

C.

Inspections. Investigations of property may be done by the planning director from a right-of-way, from adjacent property (with permission of that property owner), or from the property suspected of a violation once he/she has presented sufficient evidence of authorization and described the purpose of the inspection to the owner, tenant, or occupant at the time of the inspection.

D.

Court Ordered Entry. In the event that the planning director is denied entry to the subject property, he/she may apply to a court of jurisdiction to invoke legal, applicable, or special remedy for the enforcement of this chapter or any other applicable ordinances adopted under Indiana Code.

1.

Information Required. The application shall include the purpose, violation(s) suspected, property address, owner's name if available, and all relevant facts. Additional information may be necessary as requested by the court.

2.

Entry Permitted. Pursuant to applicable regulations and the orders of the court of jurisdiction the owner, tenant, or occupant shall permit entry by the planning director.

E.

Responsibility. The property owner shall be held responsible for all violations on his/her or their property.

F.

Types of Violations. The following items shall be deemed zoning violations, enforceable by the planning director (penalties may be imposed based on the provisions set forth in this chapter):

1.

Illegal Structures. The placement, erection, and/or maintenance of a primary structure, sign, accessory structure(s) or any other element determined by the planning director to not conform to the provisions or explicit intent of this chapter.

2.

Illegal Use. Conducting a use or uses that do not comply with the provisions or explicit intent of this chapter.

3.

Failure to Obtain a Permit. Failure to obtain an improvement location permit, downtown approval, or other permits and approvals required by this chapter.

4.

Violation of Stop Work Order. Proceeding with work under a stop work order or in violation of a memorandum of agreement (as described in subsection 17.52.020B.).

5.

Failure to Comply with Development Standards. Any failure to comply with the development standards and/or any regulations of this chapter.

6.

Failure to Comply with Commitments. Any failure to comply with commitments or conditions made in connection with a rezoning, special exception, or variance; or other similar and documented commitment.

7.

Immediate Threats to Public Safety. Any obstruction, distraction, or other threat to public health, safety, or general welfare that results from the use of property in violation of the terms of this chapter.

(Ord. No. 2010-04, § 2(Exh. A), 7-19-2010)

A.

Stop Work Orders. The planning director may place a stop work order on any land/property improvement process.

1.

Procedure. Stop work orders shall be issued by written letter that shall state the violation and that work or other illegal activity must stop immediately until the matter is resolved. This letter shall be posted in a conspicuous place and be delivered/mailed to the property owner.

2.

Reasons. Reasons for a stop work order include, but are not limited to:

a.

Not complying with development standards and/or any regulations of this chapter or the Franklin Subdivision Control Ordinance,

b.

Not obtaining an improvement location permit, downtown approval or any other required permit or approval prior to the construction or installation of any improvement for which an approval or permit is required by this chapter,

c.

Not completing structures or other improvements consistent with any approved improvement location permit, variance, special exception, or other approval,

d.

Not meeting the conditions or commitments of a special exception, variance, rezoning, or other approval,

e.

Not meeting the conditions of a site development plan, planned unit development detailed plan, or written commitment, and

f.

Illegal use or expansion of use of structures, or structures and land in combination.

B.

Memorandum of Agreement. The planning director must meet with the person(s) served the stop work order notice within seven days of any such meeting being requested. A memorandum of agreement shall be drafted stating the conditions by which construction or action may be resumed. This memorandum of agreement must be signed by the planning director and the property owner that is responsible for the violation.

C.

Appeals. Any Stop work order issued as a result of the enforcement of this ordinance, as specified in this chapter, may be appealed to the board of zoning appeals. This appeal shall follow the provisions established for administrative appeals by section 17.48.050.

D.

Resumption of Construction Activity. The stop work order shall be lifted and construction activity may resume upon either:

1.

The resolution of the violation(s), or

2.

The execution of tasks required by the memorandum of agreement.

(Ord. No. 2010-04, § 2(Exh. A), 7-19-2010)

Any violation of this chapter that presents an immediate risk to the health, safety, or welfare of the public or to property within the community may be corrected by the planning director, or a person, firm, or organization selected by the planning director without prior notice to the property owner or other person responsible for the violation.

A.

Immediate Public Risk Violation Defined. Immediate public risk violations shall include:

1.

Obstructions. Signs, structures, landscaping or other materials placed in a public right-of-way, easement, or sight visibility triangle in violation of this chapter;

2.

Distractions. Any sign, structure, landscaping, or other material located on private property that serves to distract or inhibit operators of motor vehicles on adjacent public streets, pedestrians, or other members of the general public; and

3.

Other Threats. Any other immediate threat to public welfare as determined by a municipal entity, such as the board of public works and safety or board of zoning appeals based on the advice and recommendation of the planning director.

B.

Seizure of Materials. Any sign, structure, landscaping or other material that constitutes an immediate public risk violation may be seized by the planning director in a manner that results in the most minimal damage to the material and the property on which it is located.

C.

Notice of Violation. The planning director shall provide notice to the owner of the property upon which the violation was located, or any discernible appropriate owner of materials placed within the right-of-way in violation of this chapter, by placing a notice in a conspicuous place on the property and by providing a letter to that property owner.

1.

Notice Time Requirements. All notice letters shall be sent to the property owner via certificate of mailing within twenty-four (24) hours of the seizure. All notice that is posted on the property shall be posted at the time the material is seized.

2.

Notice Contents. The letter and posted notice shall include the following:

a.

A description of the materials seized,

b.

A citation of the sections of the chapter that were violated and the characteristics of the violation that posed an immediate threat to public welfare,

c.

The address and phone number of the planning director and the name of the person to be contacted by the property owner to discuss the violation and request the return of the seized item(s); and

d.

Instructions describing how, where, and when the seized items may be claimed.

D.

Storage and Retrieval of Seized Materials. The planning director shall store any sign, structure, landscape materials or other items seized in a secure location for a period of no less than thirty (30) days from the date notice was provided to the property owner. The property owner may claim the seized property at any time following its seizure upon the payment of the fine specified on the fee schedule and the establishment of a memorandum of agreement between the property owner and planning director regarding the future use of the item in a manner consistent with this chapter.

E.

Liability. Neither the planning director, the city, nor any other official or entity involved in the seizure shall be liable for any damage to the seized materials or the property from which they were taken.

(Ord. No. 2010-04, § 2(Exh. A), 7-19-2010)

A.

General Procedures. There shall generally be a three-step procedure for the enforcement of violations as outlined below. Modifications of this procedure may occur at the discretion of the planning director and may include additional notices, extensions of time limits, or expedited or delayed steps to address immediate threats to public safety.

1.

Notice of Violation. The planning director shall issue a notice of violation to the person(s) committing, in whole or in part, a violation. The notice of violation is a warning to the violator(s) that a violation has been determined and that it must be corrected within a specified time frame from the date of the mailing or posting.

2.

Notice of Fines for Violation. The Planning director shall issue a notice of fines for violation to the person(s) committing, in whole or in part, a violation. The notice of fines for violations is a citation that states the fines for the violation. The notice of fines for violation shall be mailed via certified mail, return receipt requested by the planning director. The person(s) in violation will have a specified number of days from the date of the mailing to pay all applicable fines, and must correct the violation within the time period specified by the planning director or face additional fines.

3.

Legal Action. If the person(s) in violation refuses to pay the fines and/or correct the violation within the time frame specified by the notice of fines for violation, the planning director may refer the violation to the plan commission attorney in order to pursue court action through a court of jurisdiction. Additional fines and liens against the property may also be pursued until the matter is resolved.

B.

Monetary Fines. Monetary fines may be imposed at the discretion of the planning director with the notice of fines for violations.

1.

Multiple Violations. Each violation shall constitute a separate offense.

2.

Fine Amount. Each separate offense shall be subject to a maximum fine specified by the adopted fee schedule issued on a per day basis from the date of compliance requested by the planning director in the notice of violation.

a.

In addition to any fine imposed, any person who initiates any activity that requires an improvement location permit or downtown approval without first obtaining a permit or certificate may be required to pay up to two times the normal amount of the permit or certificate as a fine, consistent with the adopted fee schedule.

b.

The amount of any fine shall be as specified in the adopted city fee schedule.

3.

Payment. The payment of any violation shall be by cash or cashier's check and shall be delivered to the planning department who shall forward the funds to the clerk-treasurer for deposit in the appropriate fund.

a.

The planning director shall issue a receipt to the person making the payment.

b.

The planning director may, at his/her discretion, waive the assessed fine for the otherwise timely correction of the violation.

C.

Appeals. Any person receiving a notice of violation and/or fines for violation may appeal the violation and/or fine to the board of zoning appeals or to a court of jurisdiction. A written statement from the person in violation, either filing an Administrative Appeal consistent with section 17.48.050 or giving notice of the filing of an action with a court, shall be submitted to the planning director via certified mail at least three days prior to the date any fine and/or compliance is due.

1.

Fines. No additional fines shall accrue from the date of the appeal until the BZA or court of jurisdiction has made a ruling as to the violation and/or fine.

2.

Additional Notices. No additional notices will be issued by the planning director if the person(s) in violation has (have) submitted an appeal or notice of court review.

D.

Legal Remedies. The Planning director via the plan commission attorney may bring an action in the Circuit or Superior Court of Johnson County to invoke any legal, equitable, or special remedy, for the enforcement of any ordinance or regulation created under IC 36-7-4, and its subsequent amendments.

1.

Enforcement. This enforcement includes, but is not limited to, the following:

a.

The zoning ordinance, subdivision control ordinance, sign code and any other requirements adopted separately by the common council or adopted by their reference in the zoning or subdivision control ordinance,

b.

All agreements with the plan commission or its designees that have been established as written commitments,

c.

All commitments made in accordance with IC 36-7-4 et al, and

d.

All conditions imposed in accordance with IC 36-7-4 et al.

2.

Restraint. The planning director may bring action in the Circuit or Superior Court of Johnson County to restrain a person violating IC 36-7-4 et al. or any ordinance adopted under IC 36-7-4 et al.

3.

Removal of Structures. The planning director may also bring an action in the circuit or superior court of the county for a mandatory injunction, directing the property owner to remove a structure erected in violation of this chapter.

4.

Responsibility for Costs. The property owner shall bear all costs related to the enforcement of this chapter with regard to violation(s) on his/her property including the costs of any required remedy, any fines, and the costs of enforcement (including reasonable attorneys fees, hours worked, photocopying charges, mileage, and other costs incurred directly or indirectly by the city).

a.

Documentation. Only those costs of enforcement that are clearly documented by the planning director, and that clearly have a relationship to the enforcement action shall be paid by the respondent.

b.

Determination. In all instances the dollar amount to be paid by the respondent shall be determined by the court of jurisdiction or through compromise agreement reached by the parties involved.

5.

Other Parties Eligible to Seek Enforcement. An action to enforce a written commitment made in accordance with IC 36-7-4 et al. may be brought in the circuit or superior court of the county by:

a.

Rules and Procedures Provisions. Any person who is entitled to enforce a commitment made in accordance with IC 36-7-4 et al under the rules and procedures of the plan commission or the board of zoning appeals in force at the time the commitment was made; or

b.

Specified Parties. Any other specially affected person who was designated in the written commitment.

(Ord. No. 2010-04, § 2(Exh. A), 7-19-2010)