All remedies and enforcement shall comply with the powers set forth in I.C. 36-7-4-1000 et al. and all other applicable state law.
(A) The Plan Commission or any enforcement official designated by this chapter may bring an action in the Circuit or Superior Court of the county to evoke any legal, equitable or special remedy, for the enforcement of any ordinance or regulation created under I.C. 36-7-4, and its subsequent amendments this includes, but its not limited to, this chapter, Ch. 155 of this code of ordinances, the Sign Ordinance and the like.
(B) The Plan Commission or any enforcement official designated by this chapter may also bring an action in the Circuit or Superior Court of the county to enforce:
(1) All agreements between Plan Commission or its designees which have been recorded as covenants in connection with a subdivision plat, a development plan or a planned development;
(2) All commitments made in accordance with I.C. 36-7-4 et al.; and
(3) All conditions imposed in accordance with I.C. 36-7-4 et al.
(C) The Board of Zoning Appeals, or any enforcement official designated by this chapter may bring action in the Circuit or Superior Court of the county to restrain a person violating I.C. 36-7-4 et al. or any ordinance adopted under I.C. 36-7-4 et al., which includes, but its not limited to, this chapter, Ch. 155 of this code of ordinances, the Sign Ordinance and the like.
(D) The Board of Zoning Appeals or any enforcement official designated by this chapter may also bring an action in the Circuit or Superior Court of the county for a mandatory injunction, directing to remove a structure erected in violation of this chapter or applicable state code.
(E) If the Board of Zoning Appeals, or its designated enforcement official is successful in its action, the respondent shall bear all costs of the action.
(F) An action to enforce a commitment made in accordance with I.C. 36-7-4 et al. may be brought in the Circuit or Superior Court of the county by:
(1) Any person who is entitled to enforce a commitment made in accordance with I.C. 36-7-4 et al. under the rules of the Plan Commission or the 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 commitment.
(Ord. 2002-05, passed 12-30-2002, § 15.11)