(A)   Authority. The Plan Commission, Board of Zoning Appeals, Building Official, Town Engineer, and/or Administrative Officer (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 I.C. 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 Administrative Officer, or his or her designee. The Administrative Officer may include other officials, such as the Town Engineer, Building Official, Police, 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 within the sole discretion of the Administrative Officer, 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 Administrative Officer, or his or her designee, from a right-of-way, from adjacent property (with permission of that property owner(s)), or from the property suspected of a violation once he or she has described the purpose of the inspection to the owner(s), tenant, or occupant at the time of the inspection.

   (D)   Entry. In order to execute inspections, the Administrative Officer or inspectors shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out his, her or their duties in the enforcement of this chapter, unless the owner(s) or occupant of the premises refuses to permit entry to the Administrative Officer or inspectors when entry is sought pursuant to this section. In the event of such a refusal, the Administrative Officer may petition any judge of a court of competent jurisdiction for the issuance of an administrative search warrant. The petition shall identify the premises upon which entry is sought and the purpose for which entry is desired. The petition shall state the facts giving rise to the belief that a condition which is in violation of this chapter on the premises, or that a violation in fact exists and must be abated, and that the condition or violation is not a lawful nonconforming use to the best of the affiant's belief. Any warrant issued pursuant to the petition shall order the owner(s) or occupant to permit entry to the Administrative Officer or inspectors for the purposes stated therein.

   (E)   Responsibility. The property owner(s) shall be held responsible for all violations on his or her or their property.

   (F)   Types of violations. The following items shall be deemed violations of this chapter in response to which the Administrative Officer, or his or her designee, shall take all actions necessary to eliminate the violations using all authority granted to the Administrative Officer pursuant to this subchapter.

      (1)   Illegal structures. The placement, erection, and/or maintenance of a primary structure, sign, accessory structure(s) or any other element determined by the Administrative Officer not to be in conformity with the provisions or explicit intent of this chapter.

      (2)   Illegal use. Conducting a use or uses that do not comply with any element of the provisions or explicit intent of this chapter.

      (3)   Failure to obtain a permit. Failure to obtain an improvement location permit or other permits and approvals required by this chapter.

      (4)   Violation of stop-work-order. Proceeding with work after issuance of a stop-work-order or in violation of a memorandum of agreement.

      (5)   Failure to comply with development standards. Any failure to comply with any element of the development standards and/or 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 whether recorded or not.

      (7)   Failure to comply with permit requirements. Any failure to comply with the plans submitted and approved in order to obtain a permit.

(Ord. 121410, passed 1-11-2011)

   (A)   Stop-work orders. The Administrative Officer, or his or her designee, 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 nature of the violation and that the work and/or any other illegal activity must stop immediately until the matter is resolved. If the property is occupied by someone other than the property owner(s), a copy of the stop work order shall be provided to the occupant(s). This letter shall be posted in a conspicuous place and be delivered/mailed to the property owner(s).

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

         (a)   Not complying with any element of the development standards and/or any regulation of this chapter or the McCordsville Subdivision Control Ordinance.

         (b)   Not obtaining an improvement location permit 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 whether recorded or not.

         (e)   Not meeting the conditions of a site development plan, planned unit development final detailed plan, or written any commitment associated therewith.

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

   (B)   Memorandum of agreement. The Administrative Officer, or his or her designee, must meet with the property owner(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 Administrative Officer and the property owner(s) that is responsible for the violation.

   (C)   Appeals. Any stop-work order issued as a result of the enforcement of this chapter, may be appealed to the Board of Zoning Appeals. This appeal shall follow the provisions established for administrative appeals.

   (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) to the satisfaction of the Administrative Officer; or

      (2)   The execution of all tasks required by the memorandum of agreement.

(Ord. 121410, passed 1-11-2011)

   Any violation of this chapter that presents an immediate risk to the health, safety, or welfare of the public or to property within the town may be corrected by the Administrative Officer, or a property owner(s), firm, or organization selected by the Administrative Officer without prior notice to the property owner(s) or other property owner(s) responsible for the violation.

   (A)   Immediate public risk violation defined. Immediate public risk violations shall include but shall not be limited to:

      (1)   Obstructions. Signs, structures, landscaping or other materials placed in an easement, sight visibility triangle, or other public and/or private rights-of-way 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.

      (3)   Other threats. Any other immediate threat to public welfare as determined by any representative of the town or by the Board of Zoning Appeals based upon the advice and recommendation of the Administrative Officer.

   (B)   Seizure materials. Any sign, structure, landscaping or other material that constitutes an immediate public risk violation may be seized by the Administrative Officer, or his or her designee, in a manner that results in the least amount of damage to the material or the property on which it is located under the circumstances.

   (C)   Notice of violations. The Administrative Officer, or his or her designee, shall provide notice to the owner(s) of the property as listed in the records of the Auditor's Office. Office upon which the violation was located or any discernible appropriate owner(s) 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 mailing a letter to that property owner(s).

      (1)   Notice time requirements. All notice letters shall be sent to the property owner(s) via certified mail within 24 hours of the seizure. Any notice that is to be 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 section(s) of the chapter that were violated and the characteristic(s) of the violation that posed an immediate threat to public welfare;

         (c)   The address and phone number of the Administrative Officer and the name of the person to be contacted by the property owner(s) 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 Administrative Officer, or his or her designee, 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 mailed to the property owner(s). The property owner(s) 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(s) and Administrative Officer regarding the future use of the item in a manner consistent with this chapter.

   (E)   Liability. Neither the Administrative Officer, the town, 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. 121410, passed 1-11-2011)