(A)   With the advice of the Law Department:

      (1)   Upon finding that any of the provisions of this chapter are being violated, the Zoning Administrator shall notify that person responsible for the violation(s), on site or by certified mail ordering the action necessary to correct such violation(s). If on site notification is given, a follow-up report shall be sent within 72 hours by certified mail stating what violation(s) have occurred.

      (2)   Order discontinuance of illegal uses of land, buildings or structures.

      (3)   Order removal of illegal building or structures or illegal additions or structural alteration.

      (4)   Order discontinuance of any illegal work being done. (See STOP WORK ORDER in § 151.005.)

   (B)   Issue improvement location permits and certificates of occupancy and such other similar administrative duties as are permissible under the law.

   (C)   Take other action authorized by this chapter to ensure compliance with or to prevent violation(s) of this chapter as outlined in § 151.999.

(Ord. 5-2002, passed 3-4-02)

   (A)   It is the intent of this chapter that all questions of enforcement shall be first presented to the Zoning Administrator, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Administrator, and that recourse from the decision of the Board shall be to the courts as provided by law. Nothing in this chapter shall prevent any official of the city from appealing a decision of the Board to the courts as provided in state law. Any such appeal shall be made within 30 days of the Board's written decision.

   (B)   The Zoning Administrator may place a stop work order on any person, firm or property that is in violation of the subdivision ordinance, Chapter 156 of this code or this chapter. Any person that is effected by this order may appeal the decision to the Board of Zoning Appeals within 30 days of this order; however, the work stay shall remain until the Administrator or official releases the stop work order.

   (C)   Any person who starts construction without obtaining an improvement location permit may be charged a late filing fee equal to the permit fee, not to exceed $100.

(Ord. 5-2002, passed 3-4-02)

   (A)   Generally. A decision of the Zoning Administrator enforcing this chapter may be appealed to the Board of Zoning Appeals by any person who is adversely affected by the decision. When an appeal is taken to the Board, upon the denial of an application for an improvement location permit, for a use not specifically stated or implied elsewhere in these regulations, and not listed, the Board shall refer the matter of the proposed use to the Plan Commission for consideration as an amendment to this chapter.

   (B)   (1)   On an appeal under division (A), the Board may affirm the decision of the Zoning Administrator; or the Board may reverse and place any conditions different than the decision of the Zoning Administrator as it is empowered to do according to law.

      (2)   Any decision of the Board may be appealed to the Circuit or Superior Court of Miami County within 30 days from the date of the decision or order of the Board of Zoning Appeals.

      (3)   Any final decision as defined by case law of the Plan Commission may be appealed to the Board of Zoning Appeals or directly to the Circuit or Superior court of Miami County within 30 days from the date of the Plan Commission decision.

   (C)   Appeal procedures.

      (1)   Any appeal of the Zoning Administrator's decision shall be made in writing to the Board of Zoning appeals within 30 days from the date of the Administrator's decision.

      (2)   All appeals to the Board shall follow the guidelines listed as follows:

         (a)   Be submitted in duplicate copies, stating reason of appeal.

         (b)   Submit name, address, phone number and legal description of the property.

(Ord. 5-2002, passed 3-4-02)

   The Peru Police Department is hereby authorized to enforce ordinance violations of provisions found in § 151.066. Upon finding a violation, officers may issue an ordinance violation notice to appear in City Court. Penalties shall be those established in § 151.999.

(Ord. 4-2006, passed 1-9-06)

   (A)   Whenever the Zoning Administrator determines that any person, firm, corporation or municipal corporation is violating or about to violate this chapter, a cease and desist order shall be served by notice by certified mail of said nuisance.

      (1)   The location of the nuisance.

      (2)   The description of the nuisance.

      (3)   A statement of acts necessary to abate the nuisance.

   (B)   Within ten days from receipt of notice, such offender shall file with the city Plan Commission a verified report showing what steps have been or will be taken to correct said violation.

   (C)   If no report has been received within ten days from receipt, the Zoning Administrator may issue a fine after ten days as follows:

      (1)   First Offense: $25 per day (each 24 hours) after ten days;

      (2)   Second Offense: $50 per day (each 24 hours) after ten days;

      (3)   Third Offense: $100 per day (each 24 hours) after ten days;

      (4)   Each Consecutive Offense: $100 per day (each 24 hours) after ten days.

   (D)   If the fines have not been paid within the time specified, liens may be placed on the property the same as any other lien and collected as property tax.

   (E)   The Enforcement Officer may request the Plan Commission Attorney to take legal action in the Circuit or Superior Courts requesting all attorney fees and a fine of not less than $10 and not more than $300 a day (each 24 hours) for each day the violation exists after the first ten days, subject to the provisions of IC 36-1-3-8 and acts amendatory thereof.

   (F)   Any person or corporation, whether as principal, agent, employee or otherwise who violates any provision of this chapter shall be subject to the fines and fees outlined in IC 36-1-3-8 and acts amendatory thereof.

   (G)   The erection, construction, enlargement, conversion, moving or maintenance of any building which is continued, operated or maintained, contrary to any of the provisions of this chapter, is hereby declared to be in violation of this chapter and unlawful. The Commission or Enforcement Officer may institute a suit for injunction in the Miami County Circuit or Superior Court of the county to restrain any person from violating the provisions of this chapter. The Commission or Enforcement Officer may also institute a suit for mandatory injunction directing any person, firm or corporation to remove a structure erected or located in violation of the provisions of this chapter. If the Commission or Enforcement Officer is successful in its suit, the respondent shall pay the cost of such action, including reasonable attorney fees to be allowed by the court. Such action may also be instituted by any property owner who may be especially damaged by any violation of this chapter.

   (H)   The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

   (I)   If a building contractor receives notice of a violation of the subdivision ordinance, Chapter 156 of this code or this chapter three times in a 365 day period, he shall be ineligible to receive an improvement location permit for one year from the date of the third violation. A contractor may appeal the decision made by the Zoning Administrator to the Board of Zoning Appeals within 30 days from receipt of any notice as outlined in § 151.102.

(Ord. 5-2002, passed 3-4-02)