Seymour City Zoning Code
ENFORCEMENT AND
REMEDIES
§ 157.150 AUTHORITY TO ENFORCE.
The staff shall have the authority to take those lawful actions necessary to enforce the terms of this chapter on behalf of the Plan Commission and Board of Zoning Appeals. The Building Commissioner of the city is hereby designated as the official responsible for administration of this chapter. The staff is hereby authorized to perform those duties specified by I.C. 36-7-4-800 et seq. and such other duties as may be assigned to it from time to time by the Commission, Board, or Council.
(A) Inspections. The authority to perform inspections, review applications and issue permits and citations is hereby delegated to the staff. The staff is authorized to make inspections of all lands located within the jurisdiction of the Commission in order to enforce this chapter. In order to execute inspections, the staff shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out their duties in the enforcement of these regulations. If the owner or occupant of the premises refuses to permit entry, the staff may make application to any judge of the Circuit or Superior Courts of Jackson County, Indiana, for the issuance of an administrative search warrant. Such application shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts giving rise to the belief that a violation of these regulations exists on such premises.
(B) Stop-work orders. The staff is hereby granted the authority to issue a stop work order for any activity that is commenced without a permit required by this chapter or for any activity that is being carried out in a manner that violates this chapter.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.151 VIOLATIONS.
(A) Complaint. Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the staff. The staff shall properly record such complaint and investigate in a timely manner. If acts elicited by such investigation are sufficient to establish a reasonable belief that a violation has occurred on the part of the party investigated, such official shall issue a citation in accordance with this section and/or file with the City Attorney a complaint against such person requesting action thereon as provided by this chapter and in accordance with law.
(B) Nuisance declared. Any buildings erected, raised or converted, or land or premises used in violation of any section of this chapter or regulation thereof is hereby declared to be a common nuisance and the owner thereof shall be liable for maintaining a common nuisance, which may be restrained or enjoined or abated in any appropriate action or proceeding.
(C) Injunction.
(1) The Commission, the Board or any designated administrative official may institute a suit or injunction in the Circuit or Superior Court of Jackson County to restrain any person from violating the sections of this chapter.
(2) The Commission or the Board may institute a suit for mandatory injunction directing a person to remove a structure erected in violation of the sections of this chapter or to make the same comply with its terms. If such Commission or Board is successful in its suit, the respondent shall bear the costs of the action including reasonable attorney's fees.
(D) Other remedies. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 17, 2006, passed 11-27-2006)
§ 157.999 PENALTY.
(A) Any person who violates any section of this chapter or regulation thereof or fails to comply with any of its requirements, including violations of conditions and safeguards established in connection with this chapter, shall be guilty of an ordinance violation and upon conviction, shall be fined in a sum not less than $25 nor more than $500 for each day's violation.
(B) The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, realtor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offence and suffer the penalties herein provided.
(1) Penalty for violations of § 157.057.
(a) First offense: Written warning
(b) Second offense: $100 fine
(c) Third offense: $250 fine
(d) Fourth offense: $500 fine
(2) All fines collected under § 157.057 shall accrue to the General Fund of the city. If not paid within 30 days, the offender is subject to court summons, with a maximum fine of up to $2,500, attorney’s fees, and court costs.
(Ord. 17, 2006, passed 11-27-2006; Am. Ord. 5, 2007, passed 3-26-2007)