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Valparaiso City Zoning Code

ARTICLE 17

Enforcement, Interpretation, and Repealer

Sec. 17.101 Purpose

The purpose of this Article is to provide for the enforcement and interpretation of the UDO. It is also to provide the severability and repealer clauses.

Effective on: 1/1/1901

Sec. 17.201 Authority; Scope of Enforcement; Enforcement Officials

  • Generally. Each of the following has authority and responsibilities with respect to enforcement of this UDO, as detailed more particularly in this Section:
    1. The Plan Commission
    2. The Board of Zoning Appeals
    3. City Common Council
    4. Enforcement Officials
    5. Affected Persons
  • Plan Commission. The Plan Commission may bring action to invoke any legal, equitable, or special remedy in the circuit or superior court of Porter County to enforce:
    1. This UDO;
    2. Conditions imposed in a development approval granted pursuant to this UDO or previous land development regulations;
    3. Covenants made in connection with a subdivision plat, a development plan, or a PUD district ordinance pursuant to this UDO or previous land development regulations; or
    4. Written Commitments entered into pursuant to this UDO or previous land development regulations.
  • Board of Zoning Appeals. The Board of Zoning Appeals may bring action to invoke any legal, equitable, or special remedy in the circuit or superior court of Porter County for:
    1. An injunction to restrain a person from violating this UDO; or

    2. A mandatory injunction, directing a person to remove a structure erected in violation of this UDO.

  • City Common Council. If, not later than 180 days after adoption of a district boundary change pursuant to Section 15.601, Map Amendments, the City Common Council finds that the proposal was adopted as a result of a person's intentional misrepresentation or omission of material facts, then the City Common Council may, by a three-fourths vote (rounded to the nearest whole number) adopt an ordinance to nullify any change in the zone maps that resulted from the misrepresentation or omission. Such an ordinance may be adopted by the City Common Council without being referred to the Plan Commission for consideration and recommendation.
  • Enforcement Officials.
    1. Enforcement officials may take any action that may be taken by the Plan Commission or Board of Zoning Appeals. Enforcement officials may also issue a notice of violation and invoke the Ordinance Violation Bureau procedure set out in Section 17.203, Ordinance Violations Bureau; Jurisdiction and Procedure.
    2. The following members of the City Staff, are designated as enforcement officials:
      1. Planning Director or designee
      2. Building Commissioner or designee
      3. City Engineer or designee
      4. Fire Chief or designee
      5. Floodplain Administrator or designee
      6. All sworn police officers
  • Affected Persons.
    1. An action to enforce a written commitment may be brought in the circuit or superior court of Porter County by:
      1. Any person who was entitled to enforce a commitment under the rules of the Plan Commission or Board of Zoning Appeals in force at the time the commitment was made; or
      2. Any other specially affected person who was designated in the written commitment.
    2. A person bringing an action to enforce a written commitment made under this UDO may request mandatory or prohibitory injunctive relief through the granting of a temporary restraining order, preliminary injunction, or permanent injunction.

    • Effective on: 1/1/1901

    Sec. 17.202 Methods of Enforcement

  • Stop Work Order. The City may post a stop work order for any work not conforming to the requirements of this ordinance. The stop work order may be lifted only after the work has been made to conform with this ordinance or by appeal to the Board of Public Works and Safety. If, after the stop work order has been issued for a period of not less than 10 calendar days and the work is not in compliance with this ordinance, the Board of Public Works and Safety may serve notice of forfeit of any surety provided with the permit.
  • Withholding of Permits. The Building Commissioner may refuse to issue building permits to any applicant who is in violation of this ordinance and has received notification of that violation. The permits may be for sites other than those where the violations have occurred. The Building Commissioner may withhold issuance of the permits until the violations are corrected.  
  • Fines for Violation. In addition to any and all other remedies set forth in this ordinance for a violation thereof, the Enforcement Official may, for any violation of this ordinance, levy a fine against the violator(s) of up to $250 for each occurrence, each day being a separate occurrence. The Enforcement Official shall notify the violator(s) of such fine, in writing, on a form approved by the Board of Public Works and Safety. The violator shall pay the levied fine through the Ordinance Violations Bureau. The Enforcement Official may levy a fine for each and every day that the violation is continued.
  • Revocation of Surety. In the event that other enforcement remedies listed herein do not cause the correction of the violation(s) the Board of Public Works and Safety, acting on the recommendation of the Enforcement Official, may initiate a claim upon any bond or surety posted with the application. The Board of Public Works and Safety may seek recovery of any costs associated with the correction of the violation(s) along with any fines levied and not paid.
  • Court Action. The City may elect, in lieu of the fine set forth above but in addition to all other remedies set forth in this UDO, to seek a fine for such violation in a court of competent jurisdiction in an amount up to the maximum permitted by IC 36-1-3-8.

    • Effective on: 1/1/1901

    Sec. 17.203 Ordinance Violations Bureau; Jurisdiction and Procedure

  • Jurisdiction.
    1. Violations for which the fine is less than $250 per day may be processed by the Ordinance Violations Bureau (established by Section 37.01, Valparaiso Code of Ordinances).
    2. The Violations Clerk may accept written appearances, waivers of trial, admissions of violations and payments of civil penalties of not more than $250 per violation.
  • Procedure.
    1. The Ordinance Violations Bureau enforcement procedure commences when an enforcement official issues a notice of violation that specifies the alleged violation of this UDO.
    2. Receipt of notice occurs upon posting the notice upon the person’s automobile, residence or the mailing of the notice by first class mail to the person’s last known address, or faxing the notice to the person's home or business.
    3. The person notified of a violation shall appear before the Violation Clerk within five days of receipt of the notice or be deemed to have denied the alleged violation.
  • Referral to Court.
    1. A person charged with an ordinance violation has a right to trial before a court. Should a person charged with a violation under this section fail to pay the civil penalty within the time prescribed or file a written denial with the Violations Clerk, the Violations Clerk shall refer the matter to the City Attorney for further legal proceedings.
    2. If, in the discretion of the city official citing a violation, the citation will not cause the cessation of the violation, then the official may, instead of proceeding under this Section, refer the matter to the City Attorney for prosecution.
  • Additional Remedies.
    1. The fact that proceedings are begun under this chapter shall in no way limit the applicability of § 10.99 should the person violating this UDO fail to pay the penalty in the allotted time.
    2. The imposition of a penalty under this chapter shall be in addition to restitution for actual damages arising out of a violation.
  • Payment of Civil Penalties.
    1. Civil Penalties imposed pursuant to this Section shall be paid to, receipted and accounted for by the Violation Clerk. Payment of civil penalties under this section may be made in person or by mail.
    2. In the event a violation of this code or an ordinance goes unpaid for more than 45 days, and if the violation is referred to a collection agency and/or attorney for collection, then the violator, in addition to the fees and fines incurred by the violation, shall pay all costs associated with the collection of fines, including costs for the collection agency, court fees, attorney fees and any other costs associated with the failure to pay the initial fine or fee.
  • Allocation of Civil Penalties. All civil penalties received under this Section shall be receipted into the Parking Meter Fund.

    • Effective on: 1/1/1901

    Sec. 17.204 Fines and Penalties

  • Table of Fines. The minimum fine assessed for each violation of this UDO shall conform to Table 17.204, Table of Fines.
    • Table 17.204:
    Table of Fines
    ViolationMin. Fine
    An act for which a building permit is required that is done without having made application for and received such permit 100 
    An act for which a building permit is required that is done after such permit has been issued, but has expired 50
    An act that violates or exceeds the authority conferred by the issued building permit 50
    The use or occupation of any property for which a building permit has been issued, prior to the time when it has been finally inspected and approved by the Planning Director or Building Inspector as required by this Code 150
    An act that violates any express covenant or condition of any approval given by the City under this UDO or any prior ordinance, code, permit, conditional use approval, site plan and subdivision approval, variance, use variance, and all applicable performance standards required in this Code 150
    The continuance of a nonconforming use or structure after the time when this Code requires that such use be terminated or discontinued 50
    The changing, moving, enlarging, expanding, extending, or modifying of any nonconforming use or structure in a manner not authorized by this Code 100
    For Limited Use or Special Use, any act that is done without having made application for or obtaining such permit as required by this Code 100
    An act for which an administrative permit (other than a building permit) is required that is done without having made application for and received such permit or that violates or exceeds the authority conferred by that permit 100
    An act for which a discretionary approval is required that is done without having made application for and received such permit or that violates or exceeds the authority conferred by that permit 150
    Any act not referred to in this Table that involves the permanent use of property in any manner that is prohibited by this Code 150
    Any act not referred to in this Table that involves the temporary use of property in any manner that is prohibited by this Code 50
    Violations of Division 10.600, Tree Protection 500
    1. Continuing Violations and Maximum Fines. Each day on which the violation continues constitutes a separate violation.  Fines assessed may be increased for each subsequent violation at the discretion of the Responsible Official, who shall consider the degree of the violation, but shall not exceed the maximum fine and penalty per day allowed by IC 36-1-3-8, Powers Specifically Withheld, or other applicable statute. 
    2. Fines Not Specified. The City may seek the maximum fines and penalties allowed by IC 36-1-3-8, Powers Specifically Withheld, or other applicable statute, for violations of this UDO.
    3. Other Penalties and Remedies.
      1. In addition to the fines specified herein, the City may seek any other available remedy, including declaratory and injunctive relief (including mandatory injunctions), restitution, or additional damages pursuant to state or federal statutes or common law.

      2. If, as the result of the violation of Division 10.600, Tree Protection, the injury, mutilation, or death of a tree, shrub, or other plant located on City–owned property is caused, the party found to have violated the provision shall pay the cost of:

        1. The repair or replacement of the plant material; or

        2. The appraised dollar value of the plant material.

      3. In the event that a nuisance is not abated by the date specified in the notice, the Board of Public Works and Safety is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located. In addition, the owner of the property upon which the nuisance was located shall be subject to prosecution.

    Effective on: 1/1/1901

    Sec. 17.301 Severability

  • Generally. If any division, section, paragraph, clause, provision, or portion of this UDO is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this UDO shall not be affected. If any application of this UDO to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.
  • Signs. With respect to Article 5, Signs, the following severability provisions shall apply:
    1. Interpretation; Substitution of Noncommercial Speech for Commercial Speech. Notwithstanding anything contained in this UDO to the contrary, any sign erected pursuant to the provisions of this UDO or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that:
      1. The sign is not a prohibited sign or sign-type, and
      2. The size, height, setback and other dimensional criteria contained in this UDO have been satisfied.
    2. Severability Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Article 5, Signs, or any other provision of this UDO related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Article 5, Signs, or this UDO.
    3. Severability Where Less Speech Results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection B.2., above, or elsewhere in this Section, this UDO, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Article 5, Signs, or any other provision of this UDO related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of said Article or provision, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
    4. Severability of Provisions Pertaining to Prohibited Signs and Sign Elements. Without diminishing or limiting in any way the declaration of severability set forth above, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Article 5, Signs, or any other provision of this Code related to signage, is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Article 5, Signs, that pertains to prohibited signs or sign elements. It is the intent of the City Common Council to ensure that as many prohibited sign types and sign elements as may be constitutionally prohibited continue to be prohibited.
    5. Severability of Provisions if Adjudicated Stricken Due to a Content-Basis. It is the intent of the City Common Council to regulate signage in a manner that implements the purposes of this Article 5, Signs, as expressed therein. The City finds that the purposes stated in Article 5, Signs, are legitimate, substantial, and compelling public interests, that the regulation of signage provided by Article 5, Signs, is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation therein to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the City Common Council that only that portion of the provision that is found to relate to content be severed from this UDO, and if it is not possible for the court to strike only the portion of the provision that is found to relate to content, then it is the intent of the City Common Council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of sign area.

    • Effective on: 1/1/1901

    Sec. 17.302 Repealer

  • Zoning Ordinances. The following ordinances of the City of Valparaiso are hereby repealed:
    1. Ordinance 17-1969, as amended (a.k.a. "Zoning Ordinance,").
  • Code of Ordinances. The following sections of the City of Valparaiso Code of Ordinances are hereby repealed and superseded by this UDO:
    1.  Chapter 120, Garage and Yard Sales

    • Effective on: 1/1/1901

    Sec. 17.303 Conflicting Provisions

    Historic district regulations are intended to preserve and protect the historic or architecturally worthy buildings, structures, sites, monuments, streetscapes, squares, and neighborhoods of the historic districts. Zoning districts lying within the boundaries of the historic district are subject to the regulations for both the zoning district and the historic district. If there is conflict between the requirements of the zoning district and the requirements of the historic district, the more restrictive requirements apply.

     

    Effective on: 1/1/1901