(A) The Planning Director and/or his or her designee are authorized to make inspections of all land that is located within the city in order to enforce the zoning ordinance and land use regulations. The Planning Director and/or his or her designee shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out the duties in the enforcement of this subchapter, unless the owner or occupant of the premises refuses to permit entry for these purposes. In the event of said refusal, the Planning Director and/or his or her designee shall seek the appropriate legal remedy to allow access to the property.
(B) Procedures and violations. If the Planning Director or designee determines that a violation exists, a written notice shall be given to the person(s) responsible for ownership of the property with the alleged violation, by certified mail. The notice shall describe the details of the alleged violation and the reasons believed that the violation exists. The notice shall also contain corrective actions and a definitive timeline of compliance, as required by the subchapter.
(C) Pending violations. If a violation is pending, the alleged violator cannot obtain any other benefits of this ordinance on the property where the violation is still pending. No permits will be issued to the alleged violator until the resolution of the pending violation.
(D) Penalties for violations. Any person who violates any provisions of this subchapter shall upon conviction be fined not less than $10 and not more than $300 for each offense. Each day that the violation exists shall constitute a separate offense. Violations of this subchapter that occur because a permit was not applied for or issued shall result in a doubling of the permit fee.
(E) Compliance with regulations.
(1) The regulations for each district set forth by this subchapter, shall be the minimum regulations and shall apply uniformly to each class or kind of structure or land, except as otherwise provided in this subchapter. Further the following provisions apply:
(a) No building, structure, or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(b) No building or other structure shall be erected or altered to:
1. Provide for greater height or area;
2. Accommodate or house a greater number of families; or
3. Have narrower or smaller, rear yards, front yards, side yards, or other open spaces than is required, or in any other manner be contrary to the provisions of this subchapter.
(c) No yard or lot existing at the time of passage of this subchapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date, of this ordinance shall meet at least the minimum requirements set forth herein.
(2) It shall be the duty of the Plan Commission's Attorney to prosecute such violations of this subchapter as may be brought to his attention and which violation shall be considered worthy of prosecution in the opinion of such Prosecutor.
(3) The Plan Commission, Board of Zoning Appeals, Planning Director, or any concerned person of the City of Aurora, Indiana, may institute a suit for injunction in any court having jurisdiction to restrain an individual or a governmental unit from violating the provisions of this subchapter. The Plan Commission, Board of Zoning Appeals, Planning Director, or any concerned person of the city, may also institute a suit for a mandatory injunction in any court having jurisdiction directing any person, persons or governmental unit to remove a structure erected in violation of the provisions of this subchapter.
(4) The Plan Commission, Board of Zoning Appeals, Planning Director, or any concerned person of the city, not withstanding the above provisions, shall be permitted to otherwise enforce this subchapter by invoking any legal, equitable, or special remedy provided by law.
(F) Schedule of fees, charges and expenses. This Plan Commission shall establish a schedule of fees, charges, and expenses that are required and shall be posted in the Department of Planning and Zoning. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(Ord. 2015-013, passed 12-28-15)