The Whiting Plan Commission's appointed Zoning Administrator shall have the principal responsibility for implementation and enforcement of this Ordinance. The Zoning Administrator is hereby designated and authorized to enforce this zoning Ordinance and receive applications, issue permits, and furnish the required certificates. The Zoning Administrator will inspect sites and structures for compliance with applicable provisions of the law under the authority of this Ordinance. The Zoning Administrator shall keep records of all correspondence, applications, permits, inspections, and certificates or notices issued. All papers that relate to buildings that are regulated under this Ordinance shall be retained on file and will be open for public inspection during regular business hours.

The Plan Commission is hereby authorized to perform those duties and functions specified in the Rules of Procedure, IC 36-7-4-400 et seq., and other applicable sections of Indiana law, and such other responsibilities as may be assigned to it from time to time by the City Council or Board of Zoning Appeals.

The Advisory Board of Zoning Appeals is hereby authorized to perform those duties and functions specified in the Rules of Procedure, IC 36-7-4-900 et seq., and other applicable sections of Indiana law, and such other responsibilities as may be assigned to it from time to time by the City Council and Plan Commission.

The Board of Zoning Appeals shall recommend a hearing officer to the Plan Commission. The hearing officer shall have all powers and duties outlined in IC 36-7-4-923 et. seq. If the Plan Commission so approves, it shall appoint the Hearing Officer to hear cases as follows:

a.

Variance of Development Standards.

(1)

If, after all notice requirements have been met, and no written or oral objections are filed with the Zoning Administrator, the Hearing Officer may approve the petition.

(2)

If an oral or written objection is filed and the objecting party is not satisfied with the explanation of the petition at the hearing before the Hearing Officer, the petition will automatically be sent to the Board of Zoning Appeals at its next regularly scheduled meeting.

(3)

If the Hearing Officer does not wish to make a finding on a proposed petition, the Hearing Officer shall notify the applicant and all of the notices parties that the petition shall be heard by the Board of Zoning Appeals at its next regularly scheduled meeting.

(4)

If the Hearing Officer denies the petition, the Hearing Officer shall inform the applicant and any interested parties of the reasons for the decision. The hearing officer shall inform the applicant that the applicant may request the Board of Zoning Appeals to hear the petition. If the applicant so requests, within thirty (30) days, the Hearing Officer shall cause the petition to be filed on the docket of the next regularly scheduled meeting of the Board of Zoning Appeals.

b.

Hearing. The hearing shall be conducted in a similar fashion to the regular meetings of the Board of Zoning Appeals. The meeting shall be noticed in the Northwest Indiana Times Newspaper, conducted at a time to be determined by the Hearing Officer, and videotaped. Minutes shall be taken and a written decision made.

Subject to obtaining the consent of the owner/occupant of premises, the Zoning Administrator may enter upon any premises at any reasonable time for the purpose of inspecting all lands located within the jurisdiction of the Plan Commission and carrying out their duties in the enforcement of this Ordinance.

a.

In no event shall the Zoning Administrator have the right to enter residential structures or other structures not open to the public without the permission of the owner/occupant or an administrative search warrant first obtained.

b.

Prior to entering such residential structures or other structures not open to the public, the Zoning Administrator shall advise the owner/occupant that such owner/occupant is not required to grant entry without the presentation of an administrative search warrant.

c.

In the event that access is denied by the owner/occupant of premises, the Zoning Administrator may make application to the City Court judge for the issuance of an administrative search warrant.

(1)

Such application shall identify the premises upon which entry is sought and the purpose for which entry is desired.

(2)

The application shall state the facts giving rise to the belief that a condition, that is in violation of this Ordinance exists on the premises, or that such a violation in fact exists and must be abated, and that the condition or violation is not a lawful nonconforming use to the best of the affiant's belief.

(3)

Any warrant issued pursuant to such application shall order such owner or occupant to permit entry to the Zoning Administrator for the purposes stated therein.

a.

The Zoning Administrator is empowered to issue a Stop-Work Order requiring the suspension of land improvement of any kind when any of the following circumstances exist:

(1)

Site improvement is occurring without an Improvement Location Permit or other permit required by this Ordinance having first been obtained; or

(2)

Site improvement is occurring in violation of the terms, conditions or provisions of this Ordinance; the terms, provisions, conditions or commitments of a variance grant or special exception; the terms of commitments made in connection with the approval of a development plan filed in connection with a petition for zone map amendment; or other approval grant authorized by this Ordinance.

b.

The Stop-Work Order shall be posted on the property in a conspicuous place, or personally delivered to the owner, possessor, or person in charge and state the conditions under which construction or other activity may be resumed.

c.

The Zoning Administrator shall meet with the recipient of a Stop-Work Order upon request to explain the conditions under which construction or other activity may be resumed.

d.

The Plan Commission may institute a lawsuit in a court of competent jurisdiction to enforce the provisions of a Stop-Work Order.

A violation exists with the erection, alteration, enlargement, maintenance, or use of any building, structure, or land in violation of any provision of the Zoning Ordinance, Subdivision Control Ordinance, or Building Code applicable to such building, structure, or land in the zone in which it is located.

a.

Civil Violation: Exceptions. Any person, firm, or corporation who uses property in violation of the Zoning Ordinance, or who knowingly permits another person, firm, or corporation to do so, shall upon citation by the designated enforcement entity be deemed to have committed a civil zoning violation and shall pay to the City a civil monetary fine in the amount prescribed in the Rules of Procedure of the Plan Commission.

(1)

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

(2)

Each separate day that the violation remains uncorrected is a distinct and separate zoning violation subject to an additional citation and fine in the amount prescribed in the Rules of Procedure.

b.

Citation For Civil Zoning Violations.

(1)

The Zoning Administrator or his duly authorized designee(s), upon verification of a civil zoning violation, may issue a civil violation to any responsible party(ies) who commit(s) a civil zoning violation. The citation may be served by personal service or by certified mail or by placement in a conspicuous place on the property where the civil zoning violation occurs. The citation shall serve as notice to the responsible party(ies) that they have committed a civil zoning violation. If personal service of a civil zoning violation is made by a zoning official, said official will:

i.

Wear, in a conspicuous manner, identification from the City; and

ii.

Wear, in a conspicuous manner, identification of employment with the City.

(2)

Where a zoning violation exists, the Zoning Administrator, or his duly authorized designee, may issue a citation against the property owner for the violation without first issuing a Notice of Violation and allow for a period of time for the property owner to correct the violation and to comply with the appropriate section of the Ordinance. At the expiration of the period of time granted for compliance, the Zoning Administrator, or his designee, in his discretion, may continue to issue a citation for the zoning violation or forward a copy of the citation to the designated enforcement entity and the Whiting City Court, which shall schedule the case for trial.

(3)

The Notice of Violation may include:

i.

Date of issuance.

ii.

Name and address of the person(s) charged.

iii.

Section number of the Zoning Ordinance that has been violated.

iv.

Nature of the civil zoning violation.

v.

Place and time that the civil violation occurred.

vi.

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

vii.

Specific time allowed to bring the civil violation into compliance.

viii.

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

ix.

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

(4)

The citation may be on a form adopted by the City Attorney and shall include:

i.

Date of issuance.

ii.

Name and address of the person(s) charged.

iii.

Section number of the Zoning Ordinance that has been violated.

iv.

Nature of the civil violation.

v.

Place and time that the civil violation occurred.

vi.

Amount of the civil fine assessed.

vii.

Specific time allowed to bring the civil violation into compliance or the date, time, and location of the court in which the civil violation will be adjudicated.

viii.

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

ix.

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

x.

A notice stating that if the violation described in the citation is not corrected in the stated number of days, a trial may be scheduled.

c.

Trial for Civil Zoning Violation.

(1)

Upon issuance of the citation, the Zoning Administrator, in his discretion, may forward a copy of the citation to the designated enforcement entity and the Whiting City Court, which shall schedule the case for trial.

(2)

The City Attorney, their designee, or the Zoning Administrator is responsible for the enforcement of this Ordinance.

(3)

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

(4)

In proceedings before the Court for a Civil Zoning Violation:

i.

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

ii.

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

(5)

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.

(6)

Seeking a civil penalty as authorized by this Section does not prevent 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.

(7)

When a violator has been found 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.

(8)

A change of venue from the City of Whiting, Indiana, shall not be granted in such a case.

The Plan Commission shall establish in the Rules of Procedure a schedule of fees, charges, and expenses and a collection procedure for the administration and enforcement of this Ordinance. The schedule of fees shall be available to the public in the office of the Clerk-Treasurer and may be altered or amended only by resolution of the City Council. No action shall be taken on any application or appeal until all fees, charges, and expenses have been paid in full.

a.

Any person or persons who shall initiate construction of a structure prior to obtaining an Improvement Location Permit or any other required permit shall pay twice the amount of the current permit fee as established by the City Council.

b.

The owner or tenant of any building, structure, or premises and any other person who participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties prescribed by this section.

Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the Office of the Plan Commission. The Zoning Administrator shall investigate the complaint, take immediate action and may refer the matter to the Plan Commission, Board of Zoning Appeals, or the City Attorney for review. The Zoning Administrator shall have authority to enter upon property at any time to investigate a written complaint

To ensure compliance with all development plan standards, Planned Unit Developments, and any conditions imposed there under, the Plan Commission may require that a cash certified check, irrevocable bank letter of credit, or surety bond acceptable to the City, equaling one hundred ten percent (110%) of the Plan Commission's estimated installed cost of improvements associated with a project for which development plan approval is sought, be deposited with the City to ensure faithful completion of the improvements and also be subject to the following:

a.

The performance guarantee shall be deposited prior to the onset of any construction, clearing of land, or earth moving related to the development plan. The City may establish procedures whereby a rebate of any cash deposits in reasonable proportion to the portion of work completed on the required improvements will be made as work progresses. Any partial release of funds shall be less than ten (10) percent, which shall be retained by the City until all work has been completed and subsequently inspected and approved by the City or its agents. This does not relieve the applicant from satisfying all applicable maintenance warranties and/or guarantees necessary to ensure proper functioning of said public improvements.

b.

As used in this section, "improvements" mean those features and actions associated with a project that are considered necessary by the Plan Commission to protect natural resources or the health, safety, and welfare of the residents of the City and future users or inhabitants of the proposed project or project area, including roadways, lighting, utilities, sidewalks, screening, landscaping, and surface drainage. Improvements do not include the entire project that is the subject of development plan approval.

After the effective date of this Ordinance, areas annexed by the City of Whiting shall be zoned R-SF. In any case:

a.

Within sixty (60) days after the effective date of annexation, the Plan Commission shall submit to the legislative body a recommended plan for zoning the area.

b.

An Improvement Location Permit shall not be issued in an area annexed by a legislative body until a plan for zoning for the area has been adopted, provided, however, that such a permit may be issued for a single or two-family dwelling unit on a lot of record in a recorded subdivision, provided that all other provisions of the ordinance are complied with.

c.

Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by proper authority, the districts adjoining each side of the street, alley, public way, railroad right-of-way, or similar areas shall be extended automatically to the center of the vacation, and all areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all of the vacated area.

Nothing in this Ordinance or in any rules, regulations, or orders issued pursuant to this Ordinance shall be deemed to restrict or regulate, or to authorize any unit of government, legislative body, plan commission or Board of Zoning Appeals now or hereafter established to restrict or regulate, the exercise of the power of eminent domain by the State of Indiana or by any state agency, or the use of property owned or occupied by the State of Indiana or any state agency. As used in this section, the term "state agency" shall mean and include all agencies, boards, commissions, departments, and institutions, including state educational institutions of the State of Indiana.