Sharonville City Zoning Code
CHAPTER 1133
Enforcement and Penalties
1133.01 ENFORCEMENT BY THE DIRECTOR OF COMMUNITY DEVELOPMENT.
(a) The Director of Community Development is hereby designated as the enforcing officer of this code.
(b) The Director of Community Development is hereby authorized to enforce as well as issue orders to prevent and stop violations of the provisions of this code.
(c) The Director may request and shall receive, so far as may be necessary in the discharge of their duties, the assistance of the City Engineer in fixing grades, of the Chief of Police in enforcing orders, of the Law Director in the prosecution of violations and of other City officials. In addition, the Director may delegate, at their discretion, the administration of this code and the building permit process to other City officials.
(Ord. 2022-22. Passed 5-10-22.)
1133.02 RECORDS.
The Director of Community Development shall keep careful and comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered and notices or orders issued. They shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection, at reasonable hours, but shall not be removed from the office of the Director of Community Development.
(Ord. 2022-22. Passed 5-10-22.)
1133.03 VIOLATIONS.
(a) It shall be unlawful to:
(1) Use or occupy any land or place; build, erect, alter, remodel, restore, or rebuild thereon any building or structure; permit any building or structure to remain on such land; or use, occupy, or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this code;
(2) Use or occupy any parcel of land; use or occupy a new building; or enlarge, substitute, or otherwise change the use, occupancy, or configuration of any land or building, without having received a certificate of zoning approval, site plan approval, conditional use approval, subdivision plat approval, or other required approvals indicating compliance with the provisions of this code;
(3) Violate or fail to perform any condition, stipulation or safeguard set forth in any certificate issued pursuant to this code, or continue to use or occupy the premises or building as previously authorized by such certificate beyond the duration limit therein stated;
(4) Continue construction, renovation, or improvements contrary to a stop work order or notice of violation;
(5) Knowingly make any materially false statement of fact in an application to the Director of Community Development for any approvals required by this code;
(6) Subdivide land in a manner contrary to the standards and regulations contained in this code; or
(7) Sell land that has not been subdivided in accordance with the regulations in this code.
(b) Each day's continuation of a violation of this section may be deemed a separate offense. (Ord. 2022-22. Passed 5-10-22.)
1133.04 PERMIT REVOCATION.
The Director of Community Development may issue a revocation notice to revoke a permit, certificate, or administrative approval that was issued contrary to this code or that was based upon false information or misrepresentation in the application.
(Ord. 2022-22. Passed 5-10-22.)
1133.05 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a complaint. Such written or verbal complaints shall fully state the causes and basis of the complaint and shall be filed with the Community Development Department.
(Ord. 2022-22. Passed 5-10-22.)
1133.06 INSPECTION OF PROPERTY.
The Director of Community Development may inspect any building erected, altered, moved, razed or converted, and any use of land or premises carried on in alleged violation of any of the provisions of this code. (Ord. 2022-22. Passed 5-10-22.)
1133.07 INJUNCTION.
No person may erect, construct, alter, repair or maintain any building or structure, or use any land in violation of this code or the regulations enacted pursuant thereto. In the event of any such violation, or imminent threat thereof, upon the request of the Mayor or City Council, the Law Director, on behalf of the City, shall institute a suit for injunction to prevent or terminate such violation. (Ord. 2022-22. Passed 5-10-22.)
1133.08 NOTICE OF VIOLATION.
(a) Upon finding an initial violation within a twelve (12)-month period, the Director of Community Development shall order, in writing, the owner, agent, occupant or operator of such building or premises to correct, within a stated reasonable time, all conditions that are found to be in violation of this code. After such a notice is served, no work, except to correct the violation or comply with the notice, shall proceed on any building or premises included in the violation.
(b) Subject to verification by the Safety-Service Director or his/her designee via the Hamilton County or Butler County Auditor's Office that the property has not been transferred since an initial violation notice within the preceding twelve (12) months, any subsequent violation within that twelve (12)-month period does not require notice of the violation to be given to the property owner or occupier prior to initiating an offense pursuant to Sharonville Codified Ordinance Section 1133.09. (Ord. 2024-17. Passed 3-12-24.)
1133.09 PENALTIES.
Failure to correct the conditions in violation with the provisions of this code, as ordered by the Director of Community Development, shall constitute a misdemeanor of the fourth degree and shall be fined in accordance with the schedule below. The second offense within one year shall be classified as a misdemeanor of the third degree. The third offense within one year shall be classified as a misdemeanor of the second degree. The fourth and any subsequent offense within one year shall be classified as a misdemeanor of the first degree. Each day a violation continues after due notice has been served in accordance with the terms and provisions hereof, shall be deemed a separate offense. Any other person, who commits, participates in or assists in the continuation of said violation may each be found guilty of a separate offense and suffer the penalties provided.
(a) On a first offense, misdemeanor of the fourth degree, a fine of up to two hundred fifty dollars ($250.00) dollars;
(b) On a second offense within one year, misdemeanor of the third degree, a fine of up to five hundred dollars ($500.00) dollars;
(c) On a third offense within one year, misdemeanor of the second degree, a fine of up to seven hundred fifty dollars ($750.00) dollars;
(d) On a fourth and any subsequent offense within one year, misdemeanor of the first degree, a fine of up to one thousand dollars ($1,000.00).
(Ord. 2022-22. Passed 5-10-22.)
1133.10 REMEDIES.
(a) In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used or any land is or is proposed to be used in violation of this code, or any amendment or supplement thereto, City Council, the Law Director, the Director of Community Development, the Chief Building Official, the City Engineer, or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.
(b) The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(Ord. 2022-22. Passed 5-10-22.)
1133.11 AFFECTED PARTIES.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, engineer, surveyor, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation may be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 2022-22. Passed 5-10-22.)
1133.12 OTHER ACTIONS.
Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2022-22. Passed 5-10-22.)