Mount Vernon City Zoning Code
CHAPTER 1116
Enforcement and Penalties
1116.01 ENFORCEMENT BY THE ZONING ENFORCEMENT OFFICER.
(a) The ZEO is hereby designated as the enforcing officer of this code.
(b) The ZEO is hereby authorized to enforce as well as issue orders to prevent and stop violations of the provisions of this code.
(c) The ZEO may request and shall receive, so far as may be necessary in the discharge of their duties, the assistance of the City Engineer, Police Chief, Fire Chief, Law Director, and of other City officials. (Ord. 2024-032. Passed 7-22-24.)
1116.02 RECORDS.
The ZEO shall keep careful and comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered, and notices or orders issued. They shall retain on files in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection, at reasonable hours, but shall not be removed from the office of the ZEO.
(Ord. 2024-032. Passed 7-22-24.)
1116.03 VIOLATIONS.
(a) It shall be unlawful to:
(1) Use or occupy any land or place; build, erect, alter, 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 code;
(2) 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 permit approval, conditional use approval, subdivision plat approval, or other required approvals indicating compliance with the provisions of this code;
(3) Violate or fail to perform any condition, stipulation, or safeguard set forth in any certificate issued pursuant to this code, or continue to use or occupy the premises or building as previously authorized by such certificate beyond the duration limit therein stated;
(4) Continue construction, renovation, or improvements contrary to a stop work order or notice of violation;
(5) Knowingly make any materially false statement of fact in an application to the ZEO for any approvals required by this code;
(6) Subdivide land in a manner contrary to the standards and regulations contained in this code; or
(7) Sell land that has not been subdivided in accordance with the regulations in this code.
(b) Each day's continuation of a violation of this section may be deemed a separate offense. (Ord. 2024-032. Passed 7-22-24.)
1116.04 PERMIT REVOCATION.
The ZEO may issue a revocation notice to revoke a permit, certificate, or administrative approval that was issued contrary to this code or that was based upon false information or misrepresentation in the application.
(Ord. 2024-032. Passed 7-22-24.)
1116.05 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the ZEO. The ZEO shall record properly such complaint, immediately investigate, and take action thereon as provided by this code.
(Ord. 2024-032. Passed 7-22-24.)
1116.06 NOTICE OF VIOLATION.
(a) Whenever the ZEO or his agent determines that there is a violation of any provision of this code, a warning tag shall be issued and shall serve as a notice of violation. Such order 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 sections of this code being violated; and
(4) State the time by which the violation shall be corrected.
(b) Service of notice of 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 suitable age and discretion; or
(2) By certified mail deposited in the United States Post Office addressed to the person or persons responsible at a last known address. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail, and the mailing shall be evidenced by a certificate of mailing which shall be filed by the ZEO. Service shall be deemed complete when the fact of mailing is entered of record, provided that the ordinary 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.
(c) If, upon re-inspection following the issuance of a notice of violation, the condition has not been corrected, the ZEO shall request that a summons be issued by the Court.
(Ord. 2024-032. Passed 7-22-24.)
1116.07 PENALTIES.
(a) If the Knox County Recorder records a plat in violation of any of the provisions of this code, they shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), as provided in Ohio R.C. 711.12, to be recovered with costs in a civil action by the prosecuting attorney in the name and for the use of the county.
(b) Whoever transfers or negotiates to transfer any lot in a subdivision before the final plat of such subdivision has been approved by the MPC and recorded in the Knox County Recorder's office, or attempts the description of land by metes and bounds in violation of this code, shall be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000).
(c) In all other instances, a failure to correct the conditions in violation with the provisions of this code, as ordered by the ZEO, shall constitute a misdemeanor as outlined below. Repeat offenses of the same violation shall result in escalating misdemeanors and fines in accordance with the schedule below. Each day a violation continues after due notice has been served in accordance with the terms and provisions hereof, 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.
(1) On a first offense, misdemeanor of the fourth degree, a fine of up to two hundred fifty dollars ($250.00):
(2) On a second offense within one year, misdemeanor of the third degree, a fine of up to five hundred dollars ($500.00);
(3) On a third offense within one year, misdemeanor of the second degree, a fine of up to seven hundred fifty dollars ($750.00);
(4) On a fourth and any subsequent offense within one year, misdemeanor of the first degree, a fine of up to one thousand dollars ($1,000).
(d) In any instance where the City incurs any expenses, including but not limited to legal costs and fees, because of any person or entity's non-compliance with any provision of this code, the expenses incurred, plus an administrative fee equal to the expenses incurred shall be recovered from the person or entity.
(e) Any amounts owed to the City of Mount Vernon pursuant to any provision of this chapter, whether for work completed by the City or for assessed penalties or expenses, may be certified by the ZEO as a lien against the property with the Knox County Auditor for collection in the same manner as property taxes and assessments.
(f) The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be assessed a civil penalty and/or found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 2024-032. Passed 7-22-24.)
1116.08 REMEDIES.
If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or if any building, structure or land is used, in violation of any of the provisions of this Zoning Code, the appropriate City authorities, the ZEO or any other appropriate authority, or any adjacent or neighboring property owner who would be damaged by such violation, in addition to other remedies, may seek an injunction, mandamus or other appropriate relief or proceeding in any court of competent jurisdiction to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation or to prevent the occupancy of such building, structure or land.
(Ord. 2024-032. Passed 7-22-24.)
1116.09 AFFECTED PARTIES.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, engineer, surveyor, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation may be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 2024-032. Passed 7-22-24.)
1116.10 OTHER ACTIONS.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2024-032. Passed 7-22-24.)