The Plan Commission, Board of Zoning Appeals, and staff shall have the following authority, respectively.

A.   The Plan Commission is hereby authorized to perform those duties and functions specified in I.C. 36-7-4-400 et seq. and other applicable sections of Indiana law and such other responsibilities as may be assigned to it from time to time by the Town Council. The Commission shall adopt written rules of procedure for the administration of the affairs of the Commission and its staff for investigations and hearings.

B.   The Board of Zoning Appeals is hereby authorized to perform those duties and functions specified in I.C. 36-7-4-900 et seq. and other applicable sections of Indiana law. The Board shall adopt written rules of procedure pertaining to the administration of this Chapter and the conduct of hearings.

C.   The staff is hereby authorized to perform those duties specified by I.C. 36-7-4-700 et seq. and other such duties as may be assigned to it from time to time by the Plan Commission, Board of Zoning Appeals, or Town Council.

The Zoning Administrator or his designee is hereby designated and authorized to enforce this Zoning Ordinance.

A.   Issue Improvement Location Permits and certificates of occupancy and maintain records thereof.

B.   Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this code for the purpose of ordering compliance thereof.

C.   Provide interpretation of this code when necessary and such technical and clerical assistance as the Commission and Board may require.

D.   Provide and maintain a public information service relative to all matters arising out of this code.

E.   Maintain permanent and current records of this code, including but not limited to all maps, amendments, Improvement Location Permits, certificates of occupancy, variances, conditional uses and appeals, and applications thereof, and records of hearings thereon.

F.   Review all applications for Improvement Location Permits and subdivisions to ascertain as to whether the proposed use lies in a flood hazard area as defined in this code. If the proposed use is found to lie in such an area, the Zoning Administrator will enforce the requirements set forth in Subsection 1.07 in the event that any structures involved are not directly covered by the Building Code regulations.

G.   The Zoning Administrator, during his review of Improvement Location Permits and building permits, shall assure that all national flood insurance program regulations pertaining to state and federal permits, subdivision review, mobile home tie-down standards, utility construction, record keeping (including lowest floor elevations), and water course alteration and maintenance have been met.

A.   The official assigned to administer and enforce the provisions of this code is designated the Zoning Administrator. The Zoning Administrator has authority to perform inspections, review applications, and issue permits, which duties may be delegated to such other officials by the Zoning Administrator. In the performance of these functions the Zoning Administrator and such other officials shall be responsible to the Planning Commission and the Board of Zoning Appeals for matters pertaining to Planning and Zoning.

B.   If the Zoning Administrator shall find that any of the provisions of this code are being violated, he shall notify in writing the person responsible for the violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal buildings or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by law to insure compliance with or to prevent violations of the provisions of this code.

C.   It is the intent of this code that all questions of interpretation of provisions of this code be first presented to the Zoning Administrator. Recourse from the decision of the Zoning Administrator (on matters pertaining to zoning) shall be only to the Board of Zoning Appeals, and recourse from the decision for the Board shall be to the courts as provided by law.

D.   The Zoning Administrator is authorized to enter on any premises to determine whether or not the owner has complied with the provisions of this Zoning Ordinance.

A.   RULES AND RECORDS.

   1.   The Board of Zoning Appeals shall adopt such rules concerning the filing of appeals and applications for variances and exceptions, giving of notice and conduct of hearings as shall be necessary to carry out its duties.

   2.   The majority of the members shall constitute a quorum; however, no action of the Board is official until authorized by a majority of the Board.

   3.   The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, and shall record the vote on all actions taken.

   4.   All minutes and records shall be filed in the office of the Board and shall be a public record.

   5.   The Board of Zoning Appeals may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties and in conformity to and in compliance with salaries and compensations thereto fixed by the Plan Commission and approved by the Town Council.

   6.   The Board of Zoning Appeals or any Town designated enforcement official may institute a suit for injunction in the circuit or superior court of Hancock County to restrain an individual or government unit from violating the provisions of the State Planning Act Chapter 174 Act of 1947 as amended or an ordinance enacted pursuant to its terms. The Board may also institute a suit for a mandatory injunction directing an individual or governmental unit to remove a structure erected in violation of the provisions of the State Planning Act Chapter 174 Act of 1947 as amended or an ordinance pursuant to its terms. If the Board of Zoning Appeals is successful in its suit, the respondent shall bear the cost and the attorney fees and the action.

   7.   In an action or proceeding by the Town for the taking, appropriation or condemnation of land or in an action against the Town, no compensation for damage shall be awarded for the taking of or injury to any structure erected in violation of the provisions of the State Planning Act or of an ordinance enacted pursuant to its terms.

   8.   When an appeal from the decision of any official or Board has been taken and filed with the Board of Zoning Appeals, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the official or Board from whom the appeal was taken shall certify to the Board of Zoning Appeals that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by restraining order which may be granted by a circuit or superior court of Hancock County, an application, on notice to the office or board from whom the appeal is taken and the owner of the premises affected and on due cause shown.

B.   POWERS AND DUTIES OF THE BOARD OF ZONING APPEALS.

   1.   Hear and determine appeals from and review any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of any ordinance or regulation adopted pursuant to the State Planning Act Chapter 174 Act of 1947 as amended.

   2.   Permit and authorize exceptions to the district regulations only in particular situations as specified in the Zoning Ordinance.

   3.   Hear and decide special exceptions to the terms of the Zoning Ordinance upon which the Board of Zoning Appeals is required to act under the Zoning Ordinance.

   4.   Authorize upon appeal in special cases such variances from the terms of the Ordinance as will not be contrary to public interest, where, owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship, and so that the spirit of the Zoning Ordinance shall be observed and substantial justice done, except a use which is not specified as a permitted or special exception in any district shall not be permitted as a variance.

   5.   In exercising its powers, the Board of Zoning Appeals may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all the powers of the officer or board from whom the appeal is taken.

   6.   At the first meeting of each year, the Board of Zoning Appeals shall elect a President and a Vice-President from among its members, and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and in compliance with salaries and compensations thereto fixed by the Town Council.

   7.   An appeal taken from the requirement, decision, or determination made by an administrative official or board shall be filed with the Board of Zoning Appeals and shall specify the grounds thereof and shall be filed within such time and such form as may be prescribed by the Board by general rule,

   8.   The Board of Zoning Appeals shall require the party taking the appeal to assume the cost of public notice and due notice to interested parties for a public hearing which shall be held at a reasonable time after such notice of the public hearing has been given.

   9.   After the owner or his agents, or persons or a corporation in charge of the work on the premises affected have received notice, and an appeal has been filed with the Board of Zoning Appeals, the Zoning Administrator shall have full power to order such work discontinued or stayed and to call upon the police power of the Town to give full force in effect to the Zoning Ordinance.

A.   ADMINISTRATIVE POWERS AND DUTIES.

   1.   To exercise general supervision of and make regulations for the administration of the affairs of the Commission.

   2.   To prescribe uniform rules pertaining to investigations and hearings.

   3.   Supervise fiscal affairs and responsibilities of the Commission.

   4.   Prescribe the qualifications of appointment; remove and fix the compensation of the employees of the Commission, such compensation to be in conformity to and in compliance with salaries and compensations therefore fixed by the Town Council.

   5.   Delegate to employees authority to perform ministerial acts in all cases except where action of the Commission is necessary.

   6.   Keep an accurate and complete record of all departmental proceedings; record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the Commission except as provided in Section 3.

   7.   Make recommendations and an annual report to the Town Council concerning the operation of the Commission and the status of planning within its jurisdiction.

   8.   Prepare, publish, and distribute reports, ordinances, and other material relating to the activities authorized under this act.

   9.   Adopt a seal and certify to all official acts.

   10.   Sue and be sued collectively by its legal name styled according to the, ". . . Town of New Palestine Plan Commission," service of process being had on the president of the Commission; no cost shall be taxed against the Commission or any of its members in any action.

   11.   Invoke any legal equitable or special remedy for the enforcement of the provisions of the act or Ordinance or its action taken thereunder.

   12.   Prepare and submit an annual budget in the same manner as other departments of the town government and shall be limited in all expenditures to the provisions made therefore by the Town Council.

   13.   If deemed advisable, establish an advisory committee or committees.

   14.   To perform such duties and responsibilities as are delegated to the Plan Commission by this Zoning Ordinance.