The provisions of this Zoning Code shall be administered and enforced by the Zoning Administrator.

(Ord. 5-2005, passed 3-23-05)

   All buildings and structures and uses of land, buildings and structures shall be located, erected constructed reconstructed enlarged, changed, maintained, demolished or partially demolished, or used according to the regulations and provisions set forth in this Zoning Code and any amendments thereto. Zoning certificates issued by the Zoning Administrator on the basis of approved plans and applications authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto. Use, arrangement construction or demolition contrary to that authorized shall be deemed a punishable violation of this Zoning Code.

(Ord. 5-2005, passed 3-23-05)

   It shall be unlawful to:

   (A)   Use or occupy any land or place; build, erect, alter, demolish, remodel, restore, or rebuild thereon any building or structure; permit any building or structure to remain on such land; or use, occupy, or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this Zoning Code; or

   (B)   Use or occupy any parcel of land; use or occupy a new building; or enlarge, substitute, or otherwise change the use, occupancy, or configuration of any land or building, without having received a zoning certificate, conditional use permit, certificate of approval or demolition permit, or certificate of occupancy indicating compliance with the provisions of this Zoning Code from the Zoning Administrator; or

   (C)   Aid, assist, or participate with any person in placing, building, erecting, altering, remodeling, restoring, rebuilding, or demolishing any building or structure or part of a building or structure which is not permitted by the provisions of this Zoning Code; or

   (D)   Violate or fail to perform any condition, stipulation or safeguard set forth in any certificate issued pursuant to this Zoning Code, or continue to use or occupy the premises or building as previously authorized by such certificate beyond the duration limit therein stated; or

   (E)   Continue construction, demolition, renovation, or improvements contrary to a Stop Work Order or Notice of Violation; or

   (F)   Knowingly make any materially false statement of fact in an application to the Zoning Administrator for a zoning certificate, conditional use permit, certificate of occupancy, demolition permit, or in the plans or specifications submitted to the Zoning Administrator in relation to such application; or

   (G)   Violate any provision of this Zoning Code, or any other section of Title XV of the Montgomery Code of Ordinances.

(Ord. 5-2005, passed 3-23-05)

   Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a complaint. Such written complaints shall fully state the causes and basis of the complaint and shall be filed with the Zoning Administrator.

(Ord. 5-2005, passed 3-23-05)

   Any building erected, altered, moved, demolished or partially demolished or converted, or any use of land or premises carried on in violation of any provision of this Zoning Code may be declared to be a nuisance. Any building or land use activity considered to be a possible violation of any provision of this Zoning Code that is observed by any City official shall be reported to the Zoning Administrator.

(Ord. 5-2005, passed 3-23-05)

   The Zoning Administrator shall inspect any building or structure erected, altered, moved, demolished or partially demolished or converted, or any use of land or premises carried on in alleged violation of any of the provisions of this Zoning Code.

(Ord. 5-2005, passed 3-23-05)

   Subsequent to a determination that construction work or demolition work is being done contrary to this Zoning Code, the Zoning Administrator, or his or her designee, shall issue a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Zoning Administrator or designated agent, shall constitute a punishable violation of this Zoning Code.

(Ord. 5-2005, passed 3-23-05)

   Upon finding a violation, the Zoning Administrator shall order, in writing, the owner, agent, occupant or operator of such building or premises to correct, within a stated reasonable time, all conditions that are found to be in violation of this Zoning Code. After such a notice is served, no work, except to correct the violation or comply with the notice shall proceed on any building or premises included in the violation.

(Ord. 5-2005, passed 3-23-05)

   (A)   The Zoning Administrator may issue a revocation notice to revoke a permit or administrative approval that was issued contrary to this Zoning Code or based upon false information or misrepresentation in the application.

   (B)   In case any building or structure is or is proposed to be located, demolished, partially demolished, erected, constructed, reconstructed, enlarged changed, maintained, or used, or any land is or is proposed to be used in violation of any regulations, provision, amendment or supplement of this Zoning Code, the City Council, the Law Director, or the Zoning Administrator or any adjacent property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change maintenance or use.

   (C)   In addition to any criminal penalties provided under § 150.3010, any person who violates § 150.1804 or any similar section of the Code governing the moving, demolition, or partial demolition of a city designated landmark property without appropriate permit shall be required to repair or restore any such property to return it to its former location and/or conditions, or such person shall forfeit and pay to the city civil penalties equal to the greater of the fair market value of any such landmark property or portion of a landmark property which was demolished, partially demolished, destroyed, or moved in violation of § 150.1804, or similar section, or $10,000. These civil penalties shall represent compensation to the Montgomery community for the loss of the landmark treasures the community has worked to preserve and protect. The monies shall be deposited to the Montgomery Historic Trust Fund and the monies shall be used for the purposes of that fund which include preservation of historic landmarks and community education. This section may be enforced in a civil action initiated by the Law Director at the request of City Council.

(Ord. 5-2005, passed 3-23-05)

   Failure to correct the conditions in violation with the provisions of this Zoning Code, as ordered by the Zoning Administrator, shall constitute a misdemeanor. Upon conviction of such violations, the responsible person or party shall be fined no more than $1,000 or imprisoned for not more than 180 days or both. Each day such violation continues shall be deemed a separate offense. Any other person who commits, participates in or assists in the continuation of said violation may each be found guilty of a separate offense and suffer the penalties provided.

(Ord. 5-2005, passed 3-23-05)