The Plan Commission, Board of Zoning Appeals, Town Council, and/or the Planning Director (and their 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 and all other applicable state laws.

(Ord. 2013-02, passed 3-11-13)

   Complaints made pertaining to this chapter shall be investigated by the Planning Director, Code Official, and/or their designees. Also, any violations suspected by the Plan Commission, Board of Zoning Appeals, Town Council, or Planning Director shall be investigated by the Planning Director or Code Official. Action may or may not be taken depending on the findings. The degree of action will be at the discretion of the investigator(s) and should reflect what is warranted by the violation.

(Ord. 2013-02, passed 3-11-03)

   (A)   Inspections of property may be made by the Planning Director, Code Official, or their designees may be made from a right-of-way without permission of the property owner, or adjacent property with permission, or from the property suspected of a violation once he/she has presented appropriate evidence of their authority and describe the purpose of their inspection to the owner, tenant, or occupant at the time of the inspection, if applicable.

   (B)   In the event the investigator(s) is/are denied entry to the subject property, the investigator(s) may apply to the court of jurisdiction to invoke legal, applicable, or special remedy for the inspection of property and the enforcement of this chapter. The application shall include the purpose, violation(s) suspected, property address, owner's name, if available, and all other relevant facts. Additional information shall be provided as requested by the court.

(Ord. 2013-02, passed 3-11-03)

   The owner of any property or building, or part thereof, shall be responsible for the violation. Architects, builders, developers, or agents thereof may also be held responsible for the violation if evidence of their involvement or negligence is found.

(Ord. 2013-02, passed 3-11-03)

   A structure that is raised or converted, or land used in violation of this chapter or its subsequent amendments may be deemed a common nuisance, and the owner or possessor of the structure or land is liable for the nuisance.

(Ord. 2013-02, passed 3-11-03)

   The Planning Director or Code Official may place a stop-work-order or violation notice on any land/property improvement process. Stop-work-orders shall be issued by written letter which shall state the violation and that work or illegal activity must stop immediately until the matter is resolved. This letter shall be posted in a conspicuous place or be delivered/mailed to the owner, developer, property manager, tenant, or occupant.

   (A)   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 owner, developer, property manager, tenant, or occupant that has caused, or is responsible for the violation and the Planning Director.

   (B)   Reasons for a stop-work-order include, but are not limited to:

      (1)   Not complying with development standards and/or any regulations of this chapter or the subdivision control code;

      (2)   Not obtaining an improvement location permit prior to the start of construction of any improvement for which a permit is required by this chapter;

      (3)   Not completing structures or other improvements consistent with any approved improvement location permit, variance, special use, or other approval;

      (4)   Not meeting the conditions or commitments of a special use, variance, or zoning amendment;

      (5)   Not meeting the conditions of site development plans, planned unit development detailed plans, covenants, or written commitments which are enforceable by the Plan Commission; and

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

(Ord. 2013-02, passed 3-11-03)

   The following items shall be deemed civil zoning violations:.

   (A)   The placement or erection of a primary structure, accessory structure, sign, or any other element determined by the Planning Director to not conform to the provisions or explicit intent of the zoning code;

   (B)   The maintenance of a primary structure, accessory structure, sign, or any other element determined by the Planning Director to not conform to the provisions or explicit intent of the zoning code;

   (C)   Failure to obtain an improvement location permit when required by this chapter or the Building Code;

   (D)   Conducting a use or uses that do not comply with the provisions or explicit intent of this chapter;

   (E)   Any failure to comply with the development standards and/or any regulations of this chapter;

   (F)   Proceeding with work under a stop-work- order or a violation of a memorandum of agreement; and

   (G)   Any failure to comply with commitments or conditions made in connection with a rezoning, special use, variance or other similar or documentable commitment, including verbal agreements during official Plan Commission, Board of Zoning Appeals, and/or Town Council meetings.

(Ord. 2013-02, passed 3-11-03)

   There shall be a three step procedure for violations of this chapter. These steps are as follows:

   (A)   The Planning Director shall issue a notice of violation to the person(s) who has committed, 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 15 days of the mailing date or posting of notice.

   (B)   The Planning Director shall issue a notice of fines and penalties to the person(s) who have committed, in whole or in part, a violation. The notice of fines and penalties is a citation that states the fines and penalties for the violation. The person(s) in violation will have 15 days to pay said fines and/or comply with the penalties. The person(s) in violation must correct the violation within 15 days or face additional notices of fines and penalties.

   (C)   If the person(s) in violation refuses to pay or comply with the penalties, or correct the violation, after notice has been given, the Plan Commission or Town Council may pursue court action through a court of jurisdiction. Fines and liens against the property may also be pursued until the matter is resolved.

(Ord. 2013-02, passed 3-11-03)

   Any violation of this chapter which presents an immediate risk to the health, safety, or welfare of the public, or to property within the town 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 violations shall include:

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

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

      (3)   Any other immediate threat to public welfare as determined by the Town Council, Plan Commission, Board of Zoning Appeals, Planning Director, Town Engineer, Police or Fire Chief, or other public official.

   (B)   Any sign, structure, landscaping or other material which constitutes an immediate public risk violation may be seized by the Planning Director in a manner that results in minimal damage to the material and the property upon which it is located.

   (C)   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 either placing a notice in a conspicuous place on the property or by letter.

      (1)   The notice shall be sent to the property owner via certified mail within 24 hours of the seizure.

      (2)   The notice shall include the following:

         (a)   A description of the materials seized;

         (b)   A citation of the sections of this chapter which were violated and the characteristics of the violation which posed an immediate threat to public welfare;

         (c)   The address and phone number of the Planning Commission office 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; and

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

   (D)   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 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 a $25 fine 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)   Neither the Planning Director, the town or any other official or entity involved in the seizure shall be liable for any damage to the seized item or the property from which it was taken.

(Ord. 2013-02, passed 3-11-03)

   (A)   Monetary fines may be imposed for each civil violation determined upon a single inspection. Fines shall be assessed for each day that the violation is present following the provision of any notice of violation to the property owner or other responsible party.

   (B)   No fine for any single violation shall exceed $2,500 per day. Payment of any violation shall be made to the Town Clerk-Treasurer. A receipt of payment must be recorded and a receipt issued to the person making payment.

(Ord. 2013-02, passed 3-11-03)

   (A)   Any person receiving a notice of violation and/or fines and penalties may appeal the violation and/or fine to the Board of Zoning Appeals (BZA) or to a court of jurisdiction. A written statement from the person in violation, either filing an administrative appeal consistent with §§ 155.130 through 155.142 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 is due.

   (B)   Fines due will be postponed until the BZA or court of jurisdiction has made a ruling as to the violation and/or fine. The person(s) in violation shall have 30 days to file for a hearing with the BZA or court of jurisdiction. Also, the person(s) in violation shall have a maximum of six months to complete the hearing process with the BZA. Failure to meet these deadlines will reinstate all fines due by the person(s) in violation.

   (C)   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.

(Ord. 2013-02, passed 3-11-03)

   (A)   The town, or any enforcement official designated by this chapter, may bring an action in the Circuit or Superior Court of the county to invoke any legal, equitable, or special remedy, for the enforcement of any Code or regulation created under IC 36-7-4, and its subsequent amendments. This includes but is not limited to this chapter and the subdivision control code, §§ 155.190 et seq. The Plan Commission or any enforcement official designated by this Code may also bring an action in the Circuit or Superior Court of the county to enforce:

      (1)   All agreements with the Plan Commission or its designees which have been recorded as covenants or written commitments in connection with a subdivision plat, a site development plan, or a planned unit development;

      (2)   All commitments made in accordance with IC 36-7-4 et seq.; and

      (3)   All conditions imposed in accordance with IC 36-7-4 et seq.

   (B)   The town, or any enforcement official designated by this chapter, may bring action in the Circuit or Superior Court of the county to restrain a person violating IC 36-7-4 et seq. or any code adopted under IC 36-7-4 et seq. which includes but is not limited to this chapter and the subdivision control code, §§ 155.190 et seq.

   (C)   The town, or any enforcement official designated by this chapter, may also bring an action in the Circuit or Superior Court of the county for a mandatory injunction, directing to remove a structure erected in violation of this chapter or applicable state code.

   (D)   If the town, or any enforcement official is successful in its action, the respondent shall bear all costs of the action.

   (E)   An action to enforce a written commitment made in accordance with IC 36-7-4 et seq. may be brought in the court of jurisdiction by any specially affected person who was designated in the written commitment.

(Ord. 2013-02, passed 3-11-13)