Any building that is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land that is proposed to be used in violation of this Chapter or any amendment or supplement thereto, the Village Council, the Village Law Director or, the Zoning Official or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation to prevent the occupancy of the said building, structure or land or to prevent any illegal act, conduct, business or use in or about, such premises.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)

   The notice of any violation of the Zoning Code shall be as follows:

   (a)   Whenever the Zoning Official determines that there is a violation of any provision of this Zoning 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 Zoning Code being violated; and

      (4)   State the time by which the violation shall be corrected.

   (b)   Service of notice of the violation shall be as follows:

      (1)   By personal delivery to the person or persons responsible, or by leaving the 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 mail simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the First Class mail envelope is not returned by the Postal Authorities with an endorsement showing failure of delivery; or

      (3)   By posting a copy of the notice form in a conspicuous place on the premises found in violation.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-20.)

   The following remedies shall apply to violations of the Zoning Code:

   (a)   Prohibitions.

      (1)   No person, business or corporation shall fail or refuse to comply with an order issued by the Zoning Official. A separate offense shall be deemed committed each day upon which a violation occurs or continues.

      (2)   No person, business or corporation shall construct, modify, alter, use or occupy any structure or property in violation of the Greenhills Zoning Code. A separate offense shall be deemed committed each day upon which a violation occurs or continues.

   (b)   Penalties.

      (1)   Whosoever violates this section is guilty of a minor misdemeanor for each offense.

      (2)   If within one year of the date of the offense the offender has been convicted of or pleads guilty to another violation of Section 1153.01, the offender is guilty of a misdemeanor of the third degree.

   (c)   Civil Remedies. The Village of Greenhills, the Village Council on behalf of the Village of Greenhills or any officer designated by the Village Council on behalf of the Village of Greenhills may, in addition to the criminal remedies provided in this Zoning Code, file suit for injunction against any violation of this Zoning Code, or if the violation has caused damages to the Village of Greenhills for a judgment for damages and any person, property owner or occupant of property who can show that the person, property owner or occupant of property has suffered harm or whose property has suffered harm as a result of violations of this Zoning Code may file suit for injunction or damages to the fullest extent provided by the law.

   (d)   Administrative Nuisance Abatement. In addition to any other remedy provided for herein, the Zoning Official may determine that a violation of the Zoning Code constitutes a public nuisance. Upon such determination, the Zoning Official shall provide notice of such determination to the owner and occupant of such property in the same manner as any notice of violation as described in this Code, currently described in section 1155.02 , as may be amended from time to time. Any party affected by such determination shall have the right to appeal such determination to the Board of Zoning Appeals within ten days of receipt of such notice. Upon the timely filing of such appeal, the Board of Zoning Appeals shall schedule and conduct an administrative appeal hearing to hear and decide appeals where it is alleged there is an error in any interpretation, judgment, decision or determination made by the Zoning Official in the administration and enforcement of the provisions of these regulations. Any party aggrieved by a decision of the Board of Zoning Appeals may appeal within thirty days of the date of decision to the Court of Common Pleas of Hamilton County. Upon the expiration of any available appeals, and upon such final declaration of public nuisance, the Zoning Official shall take such action as may be necessary to abate such nuisance, including, but not limited to the following:

      (1)   Immediate revocation of any Certificate of Zoning Compliance;

      (2)   Erection of any appropriate placard indicating that the property has been declared a public nuisance and declaring that the premises may not be occupied or utilized until such violation has been corrected;

      (3)   Installation of chains, locks, or other mechanism to prevent to occupancy or use of the premises until such violation has been corrected; or

      (4)   Any other action permitted by law.

(Ord. 2013-04-CD. Passed 4-2-13; Ord. 2020-04-CD. Passed 12-8-2020.)

   (a)   The fees for all applicant costs incurred in this Chapter shall be established by Village Council. Furthermore, no plan shall be accepted for filing and processing, as provided in this Chapter, unless and until a filing fee is paid to the Village.

   (b)   The applicant shall be responsible for the expenses incurred by the Village in reviewing the plan or any modifications to the plan. Such expenses may include items such as the cost of professional services including engineering expenses and legal fees in connection with reviewing the plan, prepared reports, the publication and mailing of public notice in connection therewith, and any other reasonable expenses directly attributable thereon.

(Ord. 2013-04-CD. Passed 4-2-13.)