Leo Cedarville City Zoning Code
ENFORCEMENT
§ 152.310 AUTHORITY.
The Plan Commission and/or Zoning Administrator are designated to enforce the provisions, regulations, and intent of this chapter.
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§ 152.311 VIOLATIONS.
Complaints made pertaining to the Zoning Ordinance shall be investigated by the Zoning Administrator. Also, any suspected violations by the Plan Commission or Zoning Administrator shall be investigated. Action may or may not be taken depending on the findings. The degree of action will be to the discretion of the investigating person(s) and should reflect what is warranted by the violation.
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§ 152.312 INSPECTION OF PROPERTY.
(A) Investigations of property may be done so by the Zoning Administrator either from a right-of-way without permission of the property owner, or from the property suspected of a violation once the inspector has described the purpose of the inspection to the owner, tenant, or occupant at the time of the inspection, and obtained their authorization.
(B) In the event that the investigator(s) is (are) denied entry, the Plan Commission or Zoning Administrator may apply to a judicial officer of competent jurisdiction to obtain a search warrant. 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 and requested by the court.
(C) The warrant issued shall order the owner, tenant, or occupant to permit entry by the Zoning Administrator for the purposes documented in the application for the warrant.
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§ 152.313 RESPONSIBILITY OF VIOLATIONS.
The owner, tenant, or occupant of any property or building, or part thereof, shall be responsible for the violation. Architects, builders, developers, or agents thereof may also be found responsible for the violation if evidence of their involvement or negligence is found. Ultimately, if fault is not clearly found in whole or in part in persons other than the owner, the owner shall be held responsible in whole or in part as warranted by the Plan Commission or Zoning Administrator.
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§ 152.314 VIOLATIONS DURING THE CONSTRUCTION/BUILDING PROCESS.
(A) The Plan Commission and/or Zoning Administrator may place a stop-work-order on any land/property improvement process in violation of this chapter. Stop-work-orders shall be issued by written letter that shall state the violation and that work must stop immediately until the matter is resolved. This letter shall be posted in a conspicuous place or be delivered to the owner, developer, property manager, tenant, or occupant. The Plan Commission or Zoning Administrator must meet with the person(s) served the stop-work-order notice within seven days of a request to meet by such a person. A memorandum of agreement shall be drafted stating the conditions in which construction or action may be resumed. This memorandum of agreement must be signed by the owner, developer, property manager, tenant, or occupant that has caused or is responsible for the violation and the Zoning Administrator or Plan Commission President.
(B) Reasons for a stop-work-order include:
(1) Not complying with development standards and/or any regulations of the Zoning or Subdivision Control Ordinance;
(2) Not obtaining an improvement location permit;
(3) Not meeting the conditions or commitments of a special exception, variance, or building permit;
(4) Not meeting the conditions of development commitments, development plans, detail plans, or covenants that are enforceable by the Plan Commission; and/or
(5) Not obtaining any other permit necessary for site/property improvement as called out in local code, Zoning Ordinance, or Subdivision Control Ordinance.
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§ 152.315 TYPES OF VIOLATIONS.
The following items shall be deemed civil zoning violations, enforceable by the Plan Commission and/or Zoning Administrator. Penalties may be imposed based on the provisions set forth by § 152.999.
(A) The placement of a primary structure, secondary structure, sign, rocks, earth, or any other element determined by the Plan Commission or Zoning Administrator to not conform to the provisions or explicit intent of the Zoning Ordinance and that has not specifically been granted.
(B) The erection of a primary structure, secondary structure, sign, accessory structure, or any other element determined by the Plan Commission or Zoning Administrator to not conform to the provisions or explicit intent of the Zoning Ordinance and that has not specifically been granted.
(C) The maintenance of a primary structure, secondary structure, sign, accessory structure, or any other element determined by the Plan Commission or Zoning Administrator to not conform to the provisions or explicit intent of the Zoning Ordinance and that has not specifically been granted.
(D) Failure to obtain an improvement location permit or building permit when required.
(E) Conducting a use or uses that do not comply with the provisions or explicit intent of the Zoning Ordinance and which have not specifically been granted.
(F) Any failure to comply with the development standards and/or any regulations of the Zoning Ordinance or Subdivision Control Ordinance, improvement location permit, or building permit.
(G) Proceeding with work under a stop-work-order or a violation of a memorandum of agreement.
(H) Any failure to comply with commitments made in connection with a rezoning, approval of a development plan, detailed plan, special exception, variances, or other similar or documentable commitment, including verbal agreements during official Plan Commission, Town Council, or BZA meetings.
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§ 152.316 APPEALS TO BOARD OF ZONING APPEALS.
(A) Any persons receiving a notice of violation and a penalty and/or order to abate may appeal the notice of violation to the Board of Zoning Appeals. An appeal must be initiated by a written request for appeal delivered to the Zoning Administrator as set forth in § 152.999.
(B) The Zoning Administrator shall set the matter for hearing before the BZA at the next available regularly scheduled meeting of the BZA (or special meeting of the BZA called for this purpose) that is not less than 15 days following the receipt of the notice of appeal. Notice of the date, time and location of the hearing shall be served on the appellant by certified mail not less than 15 days prior to the hearing.
The appealing party shall have the right to be represented by an attorney, to call witnesses, and to submit other evidence at the hearing. The Zoning Administrator shall present the evidence of the alleged violation at the hearing and shall bear the burden of proof of establishing the violation.
(C) Upon consent of the Town Council, the Zoning Administrator may request the assistance of the Town Attorney in the presenting the matter before the BZA. The Town Attorney may serve as legal counsel in this status only if there has been no ex parte communication between the Town Attorney and the BZA or any member of the BZA regarding this issue. If such communications has occurred, the Town Attorney may designate other legal counsel to assist the Zoning Administrator in presenting the matter.
(D) Fines due and enforcement action will be postponed until the BZA has made a ruling. No additional notices will be issued nor penalties imposed by the Plan Commission or Zoning Administrator during the pendency of an appeal.
(E) If the BZA sustains the violation, the responsible party shall have 30 days from the date of the BZA’s decision to pay any penalties and to abate the violations before enforcement actions is taken.
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§ 152.317 APPEALS OR TRIALS.
(A) Any person receiving a notice of violation and/or fines may appeal the violation and/or fine to the Board of Zoning Appeals or to the court of jurisdiction. A written statement from the person in violation requesting the appeal, shall be submitted to the Zoning Administrator via certified mail at least three days prior to the date the fine is due.
(B) Fines due will be postponed until the BZA has made a ruling as to the violation and/or fine.
(C) No additional notices will be issued by the Plan Commission in the event the person(s) in violation has (have) submitted a written statement of their intention to appeal.
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