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Summit City Zoning Code

CHAPTER 18

VIOLATIONS, PENALTIES AND ENFORCEMENT

11-18-1: Responsibility For Enforcement

The building official has primary responsibility for enforcing this zoning ordinance. All departments, officials, agencies and employees vested with the authority to review, recommend or issue zoning and other development approvals, permits or licenses must act in accordance with the provisions of this zoning ordinance.

11-18-2: Violations

Unless otherwise expressly allowed by this zoning ordinance or state law, any violation of a provision of this zoning ordinance—including any of the following—are subject to the remedies and penalties provided for in this zoning ordinance.

  1. To use land, buildings or other structures in any way that is not consistent with the requirements of this zoning ordinance;
  2. To erect a building or other structure in any way not consistent with the requirements of this zoning ordinance;
  3. To install or use a sign in any way not consistent with the requirements of this zoning ordinance;
  4. To engage in the use of a building, structure or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this zoning ordinance without obtaining such required permits or approvals;
  5. To engage in the use of a building, structure or land, the use or installation of a sign, or any other activity for which a permit or approval has been granted under this zoning ordinance or under previous zoning regulations of the village in any way inconsistent with such permit or approval or any conditions imposed on the permit or approval;
  6. To violate the terms of any permit or approval granted under this zoning ordinance or under previous zoning regulations of the village or any condition imposed on the permit or approval;
  7. To obscure, obstruct or destroy any notice required to be posted under this zoning ordinance;
  8. To violate any lawful order issued by any authorized public official; or
  9. To continue any violation after receipt of notice of a violation.

11-18-3: Continuing Violations

Each day that a violation continues constitutes a separate violation of this zoning ordinance.

11-18-4: Remedies And Enforcement Powers

The village has all remedies and enforcement powers allowed by law, including all the following:

  1. Fines: Fines may be levied in accordance with sections 1-4-1 and 1-4-2 of the village code.
  2. Liens: The village may file liens against a property for failure to pay levied fines or fees and to cover any expenses incurred by the village for remedying violations of this ordinance.
  3. Withhold Permit:
    1. The building official may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements upon which there is an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the village. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.
    2. The building official may deny or withhold all permits, certificates or other forms of authorization on any land where an uncorrected violation exists. The building official may also withhold all permits, certificates or other forms of authorization on any other land owned by the owner of land on which an uncorrected violation exists. This enforcement provision may be used regardless of whether the property for which the permit or other approval is sought is the property in violation.
    3. Instead of withholding or denying a permit or other authorization, the building official may grant such authorization subject to the condition that the violation be corrected.
  4. Revoke Permits:
    1. A permit, certificate or other form of authorization required under this zoning ordinance may be revoked by the building official when the building official determines:
      1. That there are unapproved significant, material departures from approved plans or permits;
      2. That the development permit was procured by false representation or was issued by mistake; or
      3. That any of the provisions of this zoning ordinance or approval previously granted by the village are being violated.
    2. Written notice of revocation must be served upon the owner, the owner’s agent or contractor, or upon any person employed on the building or structure for which such permit was issued. If no persons can reasonably be served with notice, the notice must be posted in a prominent location.
  5. Revoke Plan or Other Approval: Where a violation of this zoning ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the building official may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected):
    1. Revoke the plan or other approval; or
    2. Condition its continuance on strict compliance with this zoning ordinance or the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the building official may reasonably impose.
  6. Stop Work: With or without revoking permits, the building official may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this zoning ordinance or of a permit or other form of authorization issued under this zoning ordinance or previous zoning regulations.
  7. Injunctive Relief: The village may seek an injunction or other equitable relief in court to stop any violation of this zoning ordinance or of a permit, certificate or other form of authorization granted under this zoning ordinances or previous zoning regulations.
  8. Forfeiture and Confiscation of Signs on Public Property: Any sign installed or placed on public property, except in compliance with the regulations of this zoning ordinance will be considered forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this chapter, the village has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.
  9. Abatement: The village may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
  10. Other Penalties, Remedies and Powers: The village may seek such other penalties and remedies as are provided by law.
  11. Continuation of Previous Enforcement Actions: Nothing in this zoning ordinance prohibits the continuation of previous enforcement actions, undertaken by the village pursuant to previous valid ordinances and laws.

11-18-5: Remedies Cumulative

The remedies and enforcement powers established in this zoning ordinance are cumulative, and the village may exercise them in any combination or order.

11-18-6: Persons Subject To Penalties

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions.

11-18-7: Enforcement Procedures

  1. Non-Emergency Matters: In the case of violations of this zoning ordinance that do not constitute an emergency or require immediate attention, the building official must give notice of the nature of the violation to the property owner by personal service, U.S. first class mail or by posting notice on the premises. Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
  2. Emergency Matters: In the case of violations of this zoning ordinance that constitute an emergency situation as a result of public health or safety concerns if not remedied immediately, the village may use the enforcement powers available under this zoning ordinance without prior notice, but the building official must attempt to give notice to the property owner simultaneously with beginning enforcement action.

11-18-8: Appeals

A determination made by the building official or other administrative officials that a zoning ordinance violation has occurred may be appealed by the affected party in accordance with 11-15-8.