If any new construction shall be commenced; or if any structural change, alteration, or extension shall be commenced; or if any building shall be moved within the jurisdictional area of the county, prior to the issuance of an improvement location permit therefor, such action is hereby declared to be a violation of this section by the person performing such construction or work and the person owning such real estate.

A structure erected, raised, or converted, or land or premises used, in violation of IC 36-7-4 or this ordinance, is a common nuisance, and the owner or possessor of the structure, land, or premises is liable for maintaining a common nuisance.

State Law reference— Similar provisions, IC 36-7-4-1012; County Codes regulating Public Nuisance.

The procedures for the enforcement of this ordinance are as follows:

A.

Actions for injunction for violations of this ordinance shall be instituted by the commission to restrain individuals or governmental units from violating the provisions of this ordinance as enacted pursuant to IC 36-7-4, except that such actions may also be instituted by the county, as hereinbefore provided.

B.

The plan director shall be the designated enforcement officer and shall act for the commission and shall not be liable for his or her official acts.

C.

The commission as relator or otherwise, may institute suits for mandatory injunctions directing individuals or governmental units to remove structures erected in violation of the provisions of this ordinance. If the commission shall be successful in any such suit, the respondent shall bear the cost of the action.

A.

Any person who knowingly engages in any activity under the control of this ordinance without first obtaining the required improvement location permit shall have violated the terms of this ordinance and shall be liable to pay a fine of 1.5x the permit fee.

B.

Any person who violates any article of this ordinance shall pay a fine of structure of the following:

i.

First violation of the zoning ordinance shall be one hundred dollars ($100.00)

ii.

For repeated zoning violation by the same violator, the following fines shall apply:

a.

Second violation: $200.00

b.

Third violation: $300.00

c.

Fourth violation: $400.00

d.

Each violation more than four (4): $500.00

C.

Each day constitutes a new violation for fees and fines.

The director or his duly authorized designee(s), upon verification of a zoning violation, may issue a violation to any responsible party(ies) who commit(s) a zoning violation. The citation may be served by certified mail or by placement in a conspicuous place on the property where the zoning violation occurs.

The citation shall serve as notice to the responsible party(ies) that he has committed a zoning violation.

Where a zoning violation exists, the director, or his duly authorized designee, may issue a citation against the property owner for the violation without first issuing a notice of violation. In sole discretion, the director, or duly authorized designee, may issue a notice of violation and allow a period of time for the property owner to correct the violation and to comply with the appropriate article of the zoning ordinance. At the expiration of the period of time granted in the notice of violation for compliance, the director, or designee, may issue a citation for the zoning violation in his discretion.

The notice of violation and/or citation shall be on a form adopted by the department and include:

A.

Date of issuance.

B.

The name and address of the persons(s) charged.

C.

Article number of the zoning ordinance that has been violated.

D.

Nature of the violation.

E.

The place and time that the violation occurred.

F.

Range of fines which could be assessed upon continued noncompliance activity.

G.

Specific time allowed to bring the violation into compliance.

H.

Name, business address and telephone number of zoning official issuing the citation; and

I.

Date and time of notice given, and number of days given on notice.

Upon issuance of the citation, the zoning official shall forward a copy of the citation to the designated enforcement entity and the county court shall schedule the case for trial.

The county attorney, designee, or the department is responsible for the enforcement of this ordinance.

All procedures will be in compliance with the Indiana Rules for Civil Procedure and will adopt court cost recovery for infractions according to the State of Indiana.

In proceedings before the court for a zoning violation:

A.

The designated enforcement entity has the burden of proving the civil zoning violation and the violator committed the infraction, by a preponderance of the evidence presented at trial.

B.

The violator may question all witnesses who appear for the designated enforcement entity and produce evidence or witnesses on the violator's behalf.

C.

A person found guilty of a civil zoning violation is liable for the fine, court costs and fees. No costs may be assessed against the designated enforcement entity in any such action.

Seeking a civil penalty as authorized in this section, does not practice the designated enforcement entity from seeking alternative relief from the court in the same action, or from seeking injunctive relief available under the law of the State of Indiana, or any other remedy in a separate action for the enforcement of the zoning ordinance.

When a violator has been guilty of a civil zoning violation, the court may impose additional civil penalties and grant appropriate relief to abate or halt the violation, and the court may direct that payment of the civil monetary fine or additional civil penalties be suspended or deferred under conditions established by the court. If a violator fails to pay the civil penalty or violates the terms of any other order imposed by the court, the failure is contempt; and

A change of venue from Hamilton County, Indiana, shall not be granted in such a case.