A.

Zoning Officer. Except where herein indicated, the provisions of this Ordinance shall be administered and enforced by the Zoning Officer, who shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections of buildings or premises necessary in carrying out his or her duties in the enforcement of this Ordinance.

B.

Findings. Whenever in the performance of his or her duties under this Ordinance, or upon inspection of any property, the Zoning Officer finds that conditions or practices exist which are in violation of this Ordinance, notice of the violation shall be given in accordance with this Section.

C.

Liability for Violations. The owner, tenant, occupant of a property, or their authorized agent, employee or any other person, as defined by this Ordinance, shall not cause or allow a violation of this Ordinance and shall be jointly and severally liable for any such violation.

D.

Notice of Violation. When the Zoning Officer finds that conditions or practices exist which are in violation of this Ordinance, he or she shall issue a notice of violation under this Ordinance which shall:

1.

Be in writing;

2.

State the nature of the violation;

3.

State the conditions or actions necessary to correct or abate the violation;

4.

Specify a date by which the violation shall be corrected;

5.

Be served upon the owner, tenant, occupant of the property, or their authorized agent, or any other person, as defined herein, who violates this Ordinance.; and

6.

Be served by one of the following methods of delivery;

a.

Personal delivery, or

b.

Certified mail, restricted delivery, to the last known address, or

c.

If certified mail is returned by the postal service marked "unclaimed", then by first-class mail, postage prepaid, to the last known address; or

d.

Any entity designated as a private delivery services (PDS) by the U. S. Internal Revenue Service, including but not limited to DHL, FedEx or UPS.

E.

Time Period for Correction. The time period for correction of the violation shall begin on the date of actual receipt of the notice of violation, provided that actual receipt of the notice shall be deemed to occur three days after the posting of the mail if the mail is not returned as undeliverable by the postal service.

F.

Stop Work Orders.

1.

The Zoning Officer may issue a stop work order upon observance of:

a.

Work in progress on property that is a violation of this Ordinance; or

b.

Any use of property which is not in compliance with this Ordinance.

2.

A stop work order shall be served upon the owner, tenant, occupant of the property, or their authorized agent, or any other person, as defined herein, who violates this Ordinance. The stop work order shall:

a.

Be in writing;

b.

State the nature of the violation;

c.

State the nature of the special circumstances requiring a stop work order;

d.

State the conditions or actions necessary to correct or abate the violation, or under which work may be resumed, as appropriate; and

e.

Be served by one of the following methods of delivery:

i.

Personal delivery; or

ii.

Posting the property in a manner reasonably calculated to give notice to those persons deemed to be in violation, provided that service of an additional notice of violation is attempted as soon as practicable thereafter in another manner provided in this Section; or

iii.

Regular mail or certified mail to the address of the property owner listed in the records of the Madison County Tax Assessor; or

iv.

Any entity designated as a private delivery service (PDS) by the U.S. Internal Revenue Service, including but not limited to DHL, FedEx or UPS.

3.

Upon service of a stop work order the work or use cited shall cease immediately.

4.

Any owner, tenant, occupant of the property, or their authorized agent, employee, or any other person, as defined by this Ordinance, who violates a stop work order is subject to the penalties set out in Section 3 of this Ordinance. They may also be subject to revocation of any City permit pertaining to the work or use in violation, and/or revocation of any approvals of the Planning Commission or Zoning Board of Adjustment.

G.

Citation Process.

1.

Issuance of Citation. If a violation is not corrected within the time specified in the notice of violation, the Zoning Officer may prepare a citation to be delivered to a party believed to be committing a civil zoning violation. The citation may be served in person by the Zoning Officer or a by certified peace officer or by any method listed in Section 3.1(D). A copy of the citation shall be retained by the Zoning Officer and shall bear a certification attesting to the truth of the matters set forth. A fine, not to exceed the maximum allowable by law, may be imposed by the Zoning Officer for each violation. The citation shall contain:

a.

The name and address of the party charged;

b.

The nature of the violation;

c.

The place where and the date that the violation occurred;

d.

The amount of the fine assessed;

e.

The manner, location, and date in which the fine may be paid; and

f.

The party's right to elect to stand trial to contest the violation.

2.

Fine Payment or Notice of Intent to Stand Trial. A party who receives a citation may elect to pay the fine assessed, or may contest the offense by filing with the Zoning Officer a notice of intention to stand trial. The notice shall be given at least five (5) days before the due date of payment as set forth in the citation. On receipt of the notice of intention to stand trial, the Zoning Officer shall forward to the Municipal Court a copy of the citation and the notice of intention to stand trial. The Municipal Court shall schedule the case for trial and shall notify the defendant of the trial date.

3.

Referral to Municipal Court.

a.

If a party who received a citation for a violation fails to pay the fine by the due date of payment set forth on the citation and fails to file a notice of intention to stand trial, a formal notice of the violation shall be sent to the party's last known address. If the citation is not satisfied within fifteen (15) days from the date of the receipt of notice, the Zoning Officer may request adjudication of the case by forwarding a copy of the citation to the Municipal Court. The Municipal Court shall schedule the case for trial and summon the violating party to appear.

b.

A party found by the Municipal Court to have committed a zoning violation may be subject to the penalties set out in Section III of this Appendix, and may also be liable for the costs of the proceedings in the Municipal Court.

4.

Repeat Violations. Any party who corrects a violation after receiving a citation and at a later date is found to have a similar violation, of the same nature as the original violation, on the same property, shall receive an additional citation for each recurring violation. The citation shall be issued in accordance with Section 3. No prior notification shall be required.

5.

Other Permit Applications. No applications for certificates of occupancy, or for building, grading, electrical or plumbing permits on the same property shall be approved until a pending violation is corrected to the satisfaction of the Zoning Officer or, if referred to Municipal Court, to the satisfaction of the Court, unless the issuance of the permit will serve:

a.

To correct the pending violation; or

b.

To allow repairs from fire or natural disasters;

c.

To prevent environmental damage; or

d.

A violation shall be considered to be pending once the first notice of violation has been sent to the owner, tenant, occupant of the property, or their authorized agent, or any other person, as defined by this Ordinance, who has been found to be in violation of this Ordinance.

Any person who shall violate any of the terms or provisions of any of this Ordinance, or fails to comply with any of the requirements thereof, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00), and may, in addition, be sentenced by the Court to not more than six (6) months in jail, or both. Each day that a violation continues shall constitute a separate offense for purposes of this Ordinance.

The City may, in addition to the remedies listed above, institute injunction, mandamus, abatement, or other appropriate legal action or proceeding to prevent or stop a violation.

All remedies set forth in this Ordinance for the abatement or punishment of any violation thereof are cumulative and may be pursed separately or in combination. Provisions of this Ordinance are to be supplementary and complementary to all of the City ordinances, the City Code, state law, and any law cognizable at common law or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City to abate any and all violations of this Section.