Swanton City Zoning Code
ARTICLE 150
71 ENFORCEMENT AND PENALTIES
§ 150.711 ENFORCEMENT BY ZONING ADMINISTRATOR.
(A) This Zoning Code shall be enforced by the Zoning Administrator.
(B) The Zoning Administrator is hereby authorized to enforce as well as issue orders to prevent and stop violations of the provisions of this code.
(Ord. 2023-03, passed 2-27-2023)
§ 150.712 CONSTRUCTION AND USE SHALL BE AS APPROVED.
Permits, certificates and other approvals issued or granted as set forth in this Zoning Code on the basis of approved plans and applications authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto. Use, arrangement or construction contrary to that authorized shall be deemed a punishable violation of this Code.
(Ord. 2023-03, passed 2-27-2023)
§ 150.713 VIOLATIONS.
It shall be unlawful to:
(A) Construct, reconstruct, enlarge, change, maintain or use any building or to use any land in violation of any regulation or any provision of this Zoning Code or any amendment thereto;
(B) Use or occupy any land or place, build, erect, alter, remodel, restore or rebuild thereon any building or structure, or 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 zoning code;
(C) Aid, assist or participate with any person placing, building, erecting, altering, remodeling, restoring or rebuilding any building or structure which is not permitted by the provisions of this zoning code;
(D) Violate or fail to perform any condition, stipulation or safeguard set forth in any permit issued pursuant to this zoning code or continue to use or occupy the premises or building as previously authorized by such permit beyond the duration limit therein stated;
(E) Knowingly make any materially false statement of fact in an application to the Zoning Administrator or his or her assistants for a permit or in any plans or specifications submitted in relation to any application under this zoning code; or
(F) Being an owner or lessee of any premises, knowingly suffer or permit a violation of this zoning code to occur or exist on such premises.
(Ord. 2023-03, passed 2-27-2023)
§ 150.714 INSPECTION, STOP WORK AND ORDER FOR REMOVAL.
(A) Inspection. The Zoning Administrator is hereby empowered to enter any premises at a reasonable time to inspect a reported violation of this zoning code, examine and to order, in writing, the remedying of any condition found to be existing in violation of any provisions of this zoning code.
(B) Stop Work. After such an order is served or posted on the premises, no work, except to correct or comply with said violation, shall proceed on any building or tract of land until said violation is corrected.
(C) Injunction. No person shall erect, construct, alter or repair or maintain any building or structure, or use any land in violation of this zoning 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 Council, the Village Solicitor, on behalf of the village, shall institute a suit for injunction to prevent or terminate such violation.
(Ord. 2023-03, passed 2-27-2023)
§ 150.715 PENALTIES FOR VIOLATIONS.
(A) Offense of noncompliance. A person or corporation shall be guilty of a misdemeanor where any violation of any of the provisions of this zoning code exists in any structures, building or tract of land; where an order to remove any such violation has been served on the owner, agent, lessee or tenant of the structure, building or tract of land, or part thereof, or upon the architect, building contractor or any person who commits or assists in any such violation; and where such person shall fail to comply with such order within 30 days after the service of notice thereon.
(B) Any person who violates any provisions for this section or other applicable sections of this zoning code shall be charged with a violation of this chapter for each such action or omission and upon conviction thereof shall be fined not more than $100 together with the costs of prosecution. Each day during which a violation continues shall be deemed a separate offense. The imposition of any sentence shall not exempt any offender from compliance with the provisions of this chapter.
(C) Civil action. In the event any building or structure is being erected, constructed, altered, repaired or maintained in violation of the provisions of this zoning code, or there is an imminent threat of violation, the village or the owner of any contiguous or neighboring property who would be especially damaged by such violation may institute and maintain, in addition to any other remedies provided by law, a suit in the Court of Common Pleas of Fulton County or Lucas County for injunction to terminate or prevent such violation as a public nuisance.
(Ord. 2023-03, passed 2-27-2023)
§ 150.716 RECORDS AND REPORTS.
The Zoning Administrator shall keep or cause to be kept, a record of any decisions, determinations or conclusions reached by the Inspector in connection with the enforcement of this zoning code. Such records shall be open to public inspection during regular business hours.
(Ord. 2023-03, passed 2-27-2023)