The Director of Planning and Development or his authorized representatives are hereby designated to enforce this Ordinance.

Effective on: 9/24/2013

Whenever the Director of Planning and Development receives a complaint alleging a violation of this Ordinance, he shall investigate the complaint and shall take whatever action is warranted in accordance with this Article 15.

Effective on: 9/24/2013

The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Ordinance may be held responsible for the violation, suffer the penalties, and be subject to the remedies herein provided.

Effective on: 9/24/2013

The Director of Planning and Development or his authorized representatives pursuant to this Article 15, may inspect all buildings, structures and premises located within the jurisdiction of this Ordinance to determine their compliance with the provisions of this Ordinance. Such inspections shall be made between the hours of and on any day except Sunday. All inspections shall be subject to the following standards and conditions.

1. An inspection may take place only if a complaint has been received by the Director of Planning and Development pursuant to this Article 15, and such complaint, in the opinion of the Director of Planning and Development provides reasonable grounds for the belief that a violation exists, or such inspection is undertaken as part of a regular inspection program whereby certain areas of the City are being inspected in their entirety by the direction of the Director of Planning and Development.
2. The Director of Planning and Development or his authorized representative shall furnish to the owner, tenant, or occupant of the building, structure, or premises sought to be inspected, sufficient identification and information to enable the owner, tenant, or occupant to determine the purpose of the inspection, and that the person is a representative of the City.
3. The Director of Planning and Development or his authorized representative may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner, tenant, or occupant shall refuse to grant entry.

Effective on: 9/24/2013

If the Director of Planning and Development {(Director) finds that any provision of this Ordinance is being violated, he shall provide written notice to the persons responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The notice shall also state what further action the Director may anticipate taking to enforce this Ordinance (which shall not be a limit on the enforcement authority of the Director) and that an appeal of his decision may be taken. Additional written notices may be provided at the Director's discretion.} ORD #32-07-19

Effective on: 7/23/2019

Notwithstanding the foregoing, in cases where delay would threaten the effective enforcement of this Ordinance, pose a danger to the public health, safety, or welfare, or the Director otherwise determines that it is appropriate under the circumstances, the Director may enforce this Ordinance without prior written notice by invoking any penalties or remedies authorized in this Article 15, and/or may impose a Stop Work Order as follows:

1. The Director may issue an order requiring suspension of the pertinent construction or other activity (Stop Work Order) if:
   1. Construction or activity of proceeding in violation of any standard set forth in building codes adopted by the City of Noblesville, violation of State law pertaining to safety during construction, violation of this Ordinance, or violations of orders or directives of the Director;
   2. Construction is proceeding in such a manner that, if allowed to continue, there is a reasonable probability that it will be substantially difficult to correct the violation; or 
   3. Construction, for which a building permit is required, is proceeding without a building permit being in force.
2. The Stop Work Order shall: 
   1. Be in writing; 
   2. State the construction or activity to which it is applicable and the relevant violation(s);
   3. Be posted on the property on which the pertinent construction or activity is occurring; 
   4. State the contact information for a representative of the City that may be contacted with information concerning the condition(s) under which the construction or activity may be resumed;
   5. Where available, be provided to the contractor or property owner.  
3. The issuance of a Stop Work Order shall in no way limit the enforcement authority or application of penalties provided elsewhere in this Ordinance.} ORD #32-07-19

Effective on: 7/23/2019

Violations of the provisions of this Ordinance or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances, conditional uses, or planned developments shall constitute a common nuisance. Any person convicted of violating this Ordinance {may be fined}, in accordance with Appendix A, Fee Schedule. In addition, any person convicted of violating this Ordinance shall {all costs and expenses, including the City and Department's attorneys' fees,} related to adjudicating the offense. ORD #32-07-19, ORD #68-11-22

Effective on: 11/10/2022

Each day a violation of this Ordinance continues after receipt of a notice of violation pursuant to this Article 15 shall be considered a separate offense.

Effective on: 7/23/2019

An improvement location permit, certificate of occupancy, building permit, or any other development approval may be revoked by the Director of Planning and Development in accordance with this Article 15 if the recipient of the approval fails to develop or maintain the property in accordance with the plans submitted, the requirements of this Ordinance, or any additional requirements lawfully imposed in connection with the issuance of the approval. Before a development approval can be revoked, the Director of Planning and Development shall undertake the following procedures:

1. Notice and Opportunity to Comment
   The Director of Planning and Development shall cause a written notice of intent to revoke the development approval to be delivered to the recipient of the approval at least ten (10) working days prior to the date of the proposed revocation. The notice of intent to revoke the approval shall inform the recipient of the alleged reasons for the revocation and of his right to obtain a hearing on the allegations. The notice shall also inform the approval holder of the alleged grounds for the revocation.
2. Hearing
   If the development approval holder desires a hearing, the Director of Planning and Development shall set a date for a public hearing.
3. The Director of Planning and Development Decision
   After the expiration of the ten (10) working day notice and comment period, or within ten (10) working days of the close of the public hearing, the Director of Planning and Development shall, by written order, render his decision on the proposed revocation. The written order shall contain a statement of the specific reasons and findings of fact that support his decision.
4. Notification of Decision
   The Director of Planning and Development shall send his decision within five (5) working days to the approval holder and any other person(s) previously requesting notification.

1. Evidence
   The burden of presenting sufficient evidence to the Director of Planning and Development to conclude a development approval should be revoked for any of the reasons set forth in this Article 15 shall be upon the party proposing the revocation.
2. Result of Revocation
   No person may continue to make use of land or buildings in the manner authorized by any development approval after the approval has been revoked in accordance with the provisions of this Article 15.
3. Records
   A record of all written notices of the intent to revoke a development approval shall be kept on file in the office of the Director of Planning and Development. At least once a year, the Director of Planning and Development shall make public a listing of his decisions, by address, regarding the written notices of the intent to revoke a development approval.

Effective on: 7/23/2019

A decision of the Director of Planning and Development or his authorized representatives may be appealed to the Board of Zoning Appeals pursuant to Section 2, Part D of Article 4.

Effective on: 7/23/2019

Nothing in this Article 15 shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this Ordinance from bringing an appropriate action to secure relief.

Effective on: 7/23/2019