Any building or structures that is or 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 Zoning Code or any amendment or supplement thereto, the Mayor, the City Law Director or the Building Commissioner 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. No person shall fail or refuse to comply with an order issued by the Building Commissioner. A separate offense shall be deemed committed each day upon which a violation occurs or continues. Furthermore, no person shall construct, modify, alter, use or occupy any structure or property in violation of the Maple Heights Zoning Code. A separate offense shall be deemed committed each day upon which a violation occurs or continues.

(Ord. 2000-128. Passed 12-6-00.)

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

   A.   Whenever the Building Commissioner 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. 2000-128. Passed 12-6-00.)

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

   A.   Penalties

   Whoever violates any of paragraphs (1) through (6) below shall be guilty of a minor misdemeanor. Each day during which a set of facts exists that constitutes a violation or offense shall constitute a separate offense.

      1.   Failure to comply with any rightful order issued pursuant to the regulations of this Code;

      2.   Failure to obtain the necessary building certificate, or failure to obtain the necessary certificate of occupancy or any other necessary permit as established in this Code;

      3.   Failure to comply with the provisions or regulations of this Code in the construction, reconstruction, erection, location, alteration, occupancy, or use of a building, structure or any part thereof, or the use of any land;

      4.   Permitting another person to use a building, structure, or land owned by him, who fails to comply with any of the foregoing;

      5.   Failure to comply with a representation made in the application for a zoning certificate or an occupancy certificate or any other permit;

      6.   Failure to meet any obligation or requirement of this Code.

   B.   Whoever knowingly makes a false statement, or knowingly swears or affirms the truth of a false statement previously made when any of the conditions set forth in subdivisions (1) through (4) below apply, shall be guilty of a minor misdemeanor for each separate offense. Where contradictory statements relating to the same fact are made by the offender within the applicable period of the statute of limitations, it is not necessary to show which statement was false, but only that one of them was false, to constitute a violation of this Code.

      1.   The statement is made for the purpose of misleading a member of any City Planning Commission or board or City official into performing any duty or making any determination required under this Code;

      2.   The statement is made with purpose to secure the issuance of any permit or certificate;

      3.   The statement has been sworn or affirmed before a notary public or other person empowered to administer oaths;

      4.   The statement is in writing or in connection with a report, application, or study which is required or authorized.

      5.   Such violation fee, if not paid by the violator in a reasonable time, may be assessed to that property owner in violation on the next County Property Tax Statement.

   C.   Civil Remedies

   The City of Maple Heights, the Mayor on behalf of the City of Maple Heights or any officer designated by the Mayor on behalf of the City of Maple Heights 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 City of Maple Heights 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.

(Ord. 2000-128. Passed 12-6-00.)

   The fees for all applicant costs incurred in this Code shall be established by City Council. Furthermore, no plan shall be accepted for filing and processing, as provided in this Code, unless and until a filing fee is paid to the City and the application is deemed complete by the City. The applicant shall be responsible for the expenses incurred by the City in reviewing the plan or any modifications to the plan. Such expenses may include items such as the cost of professional services including expenses and legal fees in connection with reviewing the plan, prepared reports, inspections, the publication and mailing of public notice in connection therewith, and any other reasonable expenses directly attributable thereon. Ten percent (10%) shall be added to the final expenses of the applicant to provide for the review of plans by City Staff. At the time of submitting a site plan to the Building Commissioner and Planning Commission for consideration, the applicant shall make a deposit with the office of the City Clerk of Council/Finance Director in the amount equal to the estimated cost of the City's expenses. The deposit shall not exceed $5,000.00 at any time. When this deposit has been depleted to thirty-three percent (33%), another deposit may be requested by the City. For those projects where the City's costs are estimated to be less than $500.00, no deposit may be required. In such cases, the City's costs may be recovered by billing the developer. Failure to pay the above costs within thirty (30) days of invoice shall stop all processing and review of the site development plans or shall cause suspension of all development activities on the site.

(Ord. 2000-128. Passed 12-6-00.)