The director of community development is designated as the principal officer of the city to enforce the provisions, regulations, and intent of the zoning ordinance.

All departments, officials, and employees of the city which are vested with the duty or authority to issues permits or licenses shall conform to the provisions of this chapter and shall not issue, permit, or license for any use, building, or purpose if it would conflict with the provisions, regulations, and intent of this chapter. Any permit issued in conflict with the provisions, regulations, and intent of this chapter shall be null and void.

(Ord. No. 05-41, § 1, 8-2-05)

Complaints made pertaining to the zoning ordinance may be investigated by the director of community development, the code enforcement officer(s), and/or their delegates. Also, any violations suspected by the plan commission, common council or director of community development shall be investigated by the director of community development, the code enforcement officer(s), or their designee. Action may or may not be taken depending on the findings. The degree of action will be at the discretion of the investigating person(s) and should reflect what is war rant ed by the violation.

(Ord. No. 05-41, § 1, 8-2-05)

Investigations of property may be conducted by the director of community development, the code enforcement officer(s), or their designee. The director of community development, the code enforcement officer(s), or their designee shall present sufficient evidence of their authority and describe the purpose of the investigation to the owner, tenant, or occupant at the time of the inspection, if applicable.

In the event that the investigator(s) is (are) denied entry, and providing there is evidence of violation of this chapter, the plan commission, common council or director of community development may apply to the court of jurisdiction to invoke legal, equitable, or special remedy for the enforcement of the zoning ordinance or any applicable ordinances adopted under State Code. The application shall include the purpose, violation(s) suspected, property address, owner's name if avail able, and all relevant facts. Additional information may be necessary as requested by the court.

The order issued shall order the owner, tenant, and/or occupant to permit entry by the director of community development, the building commissioner, the fire marshal, and/or their delegates for the purposes documented in the application for the warrant.

(Ord. No. 05-41, § 1, 8-2-05)

The owner, tenant, and/or occupant of any property or building, or part thereof, shall be responsible for the violation. Architects, builders, developers, or agents thereof may also be found responsible for the violation if evidence of their involvement or negligence is found. Ultimately, if fault is not clearly found in whole or in part in persons other than the owner, the owner shall be held responsible in whole or in part as warranted by the plan commission, board of zoning appeals, common council, or director of community development.

(Ord. No. 05-41, § 1, 8-2-05)

A structure that is raised or converted, or land used in violation of the zoning ordinance or its subsequent amendments may be deemed a common nuisance and the owner or possessor of the structure, or land is liable for said nuisance.

(Ord. No. 05-41, § 1, 8-2-05)

The director of community development may place a stop-work order or violation notice on any property that is found to be in violation of the provisions of this chapter. Stop-work orders shall be issued by written notice which shall state the violation and that work or the illegal activity must stop immediately until the matter is resolved. The written notice shall be posted in a conspicuous place or be delivered/mailed to the owner, developer, property manager, tenant, or occupant. The person(s) served must meet with the director of community development within seven days of receipt of written notice. A memorandum of agreement shall be drafted stating the conditions upon which construction or action may be resumed. This memorandum of agreement must be signed by the person(s) served and the director of community development or their designee.

(Ord. No. 05-41, § 1, 8-2-05)

The following items shall be deemed civil zoning violations, enforceable by the plan commission, the director of community development, and/or the code enforcement officer(s). Penalties may be imposed based on the provisions set forth in this article.

(a)

The placement of a primary structure, accessory structure, sign, structures or any other element which does not conform with the provisions or explicit intent of the zoning ordinance as determined by the director of community development.

(b)

The erection of a primary structure, accessory structure, sign, structures or any other element which does not conform with the provisions or explicit intent of the zoning ordinance as determined by the director of community development.

(c)

The failure to maintain a primary structure, accessory structure, sign, or any other element including property maintenance as determined by the director of community development.

(d)

Failure to obtain an improvement location permit or any other required permit under the zoning ordinance when required prior to initiation of improvements, change of land use, or other modifications regulated under this zoning ordinance.

(e)

Conducting a use or uses that do not comply with the provisions or explicit intent of the zoning ordinance.

(f)

Any failure to comply with and/or any regulations of the zoning ordinance, including, but not limited to, the following: development standards, improvement location permit, site plan, planned development, or conditions imposed.

(g)

Proceeding with work under a stop-work order or a violation of a memorandum of agreement.

(h)

Any failure to comply with commitments made in connection with a rezoning, approval of a detailed plan, special exception, variance, or other similar or documentable commitment, including verbal agreements during official plan commission, common council, or BZA meetings.

(i)

Failure to obtain a certificate of occupancy.

(j)

Any other violations as identified.

(Ord. No. 05-41, § 1, 8-2-05)

(a)

If the director of community development, the code enforcement officer(s), or their designee finds that any provision of this chapter is being violated, the director, code enforcement officer, or their designee may:

(1)

Send written notice to the person responsible for such violation, indicating the nature of the violation and mandating a specified period of time to correct of the violation or the perform of any other act required;

(2)

Issue a written warning to the person responsible for such violation; or

(3)

Issue a ticket (citation) to the person responsible for such violation.

(b)

Notice shall be served upon the owner or owner's agent or the occupant, as the case may re quire, provided that such notice be deemed to be properly served upon such owner, agent or occupant, if a copy thereof is:

(1)

Served personally;

(2)

Sent by certified mail to the last known address; or

(3)

Posted in a conspicuous place in or about the building, structure, or premises affected by the action.

(c)

Each day that any violation continues after notification that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.

(d)

The city may also institute a suit for mandatory injunction directing any individual, corporation or a governmental unit to remove a structure erected in violation of the provisions of this chapter.

(e)

In addition to all other remedies provided for herein, the city shall be entitled to collect its reasonable attorney's fees incurred in pursuing a penalty or remedy for a violation of the provisions of this chapter.

(Ord. No. 05-41, § 1, 8-2-05)

A monetary fine will be imposed with the citation of violation for each civil violation determined upon a single inspection.

Citation—$100.00 per civil violation.

Payment of any violation shall be delivered to the clerk-treasurer's office. A receipt of payment must be recorded and a receipt issued to the person making payment.

(Ord. No. 05-41, § 1, 8-2-05)

All remedies and enforcement shall comply with the powers set forth in IC 36-7-4-1000 et al. [et seq.] and all other applicable state law.

(a)

The plan commission or any enforcement official designated by the zoning ordinance may bring an action in the circuit or superior court of the county to invoke any legal, equitable, or special remedy, for the enforcement of any ordinance or regulation created under IC 36-7-4, and its subsequent amendments. This includes, but is not limited to, the zoning ordinance, subdivision control ordinance, etc.

(b)

The plan commission or any enforcement official designated by the zoning ordinance may also bring an action in the circuit or superior court of the county to enforce:

• Covenants made in connection with a subdivision plat, a development plan, or a planned development.

• Commitments made in accordance with IC 36-7-4 et al. [et seq.]

• Conditions imposed in accordance with IC 36-7-4 et al. [et seq.]

(c)

The board of zoning appeals or any enforcement official designated by the zoning ordinance may bring action in the circuit or superior court of the county to restrain a person violating IC 36-7-4 et al. [et seq.] or any ordinance adopted under IC 36-7-4 et al. [et seq.] which includes, but is not limited to, the zoning ordinance, subdivision control ordinance, etc.

(d)

The board of zoning appeals or any enforcement official designated by the zoning ordinance may also bring an action in the circuit or superior court of the county for a mandatory injunction, directing to remove a structure erected in violation of the zoning ordinance or applicable state code. If the board of zoning appeals, or its designated enforcement official is successful in its action, the respondent shall bear all costs of the action.

(Ord. No. 05-41, § 1, 8-2-05)