1101.12 ENFORCEMENT, VIOLATIONS, PENALTIES, APPEALS.

   The provisions of the following subsections shall apply to all provisions of these Subdivision and Site Development Regulations.

   (a)   Enforcement Generally. The Planning and Zoning Director, the Director of Engineering, Utilities, and Inspection, and other City Staff authorized to administer these Regulations shall be authorized and empowered to enforce the provisions of these Regulations. Enforcement shall be conducted in conformance with this Section 1101.12, with other provisions of these Regulations, and as otherwise provided by the ordinances of the City.

   (b)   Violations. Any act or omission which does not comply with the provisions of these Regulations shall be a violation of these Regulations, including, but not limited to the following:

      (1)   Creation of a subdivision without approval of a minor subdivision plat or major subdivision final plat, completion of all other requirements, and authorization to proceed as provided by these Regulations.

      (2)   Construction of any kind on a lot or lots without approval of a site plan.

      (3)   Failure to comply with any conditions or agreements to which an approved plat or site plan is subject.

      (4)   Alteration of any improvements, grading, storm water structures, removal of any trees, or other changes in a subdivision or site development subsequent to approval of the plat or site plan, in conflict with such approvals, or without the approval of the City.

   (c)   Any violation of subdivision or site development regulations effective prior to the adoption of these Regulations shall continue to be a violation under these Regulations unless in compliance with these Regulations.

   (d)   Injunction Proceedings. Whenever any person, firm, or corporation fails, neglects or refuses to comply with any order of the Director of Engineering, Utilities, and Inspection, of the Planning and Zoning Director, or of other City Staff authorized to enforce these Regulations, under the provisions of these Subdivision Regulations, or whenever any subdivision site or other area is used or occupied in violation of or not in conformity with any provision of these Subdivision Regulations, the Director of Engineering, Utilities, and Inspection, of the Planning and Zoning Director, or of other City Staff authorized to enforce these Regulations may, in his discretion, institute and maintain in the name of the City an appropriate action at law or in equity to restrain the execution in violation of these Subdivision Regulations, to prevent the occupation or use of such building or other structure or to prevent or terminate any violation of these Subdivision Regulations.

   (e)   Remedies Not Limited. The exercise of the rights and remedies granted in this chapter shall in no way preclude or limit the City from exercising any other right or remedy now or hereafter granted to it under the laws of the State or the ordinances of the City.

   (f)   Notification of Violation. The Director of Engineering, Utilities and Inspection, the Planning and Zoning Director, or other City Staff authorized to enforce these Regulations, upon finding of a violation of the Subdivision Regulations of the City and who thereafter determines that a letter or violation notice shall be sent to the violator, shall indicate in such letter or violation notice the section of the Subdivision Regulations violated.

   (g)   New Permit Required for Change in Plans. Following the granting of a site plan or grading permit, no alteration to the proposed subdivision site or other area as represented by the plat, plans, and specifications filed shall be made without application for another site plan or grading permit.

   (h)   Penalty.

      (1)   Whoever violates any of the provisions of these Subdivision Regulations for which no penalty is otherwise provided is guilty of a misdemeanor of the second degree. A separate offense shall be deemed committed each day or portion thereof during which any violation is committed, continued or permitted.

      (2)   Whoever violates any of the provisions of subsections (a) and (g) above, or fails to comply therewith, is guilty of a misdemeanor or the third degree. A separate offense shall be deemed committed each day or portion thereof during which any violation is committed, continued or permitted.

      (3)   Any person having control of any land or structure whereon or wherein a violation of any of the provisions of this chapter occurs, and any other person who assists in the commission of any such violation, shall each be guilty of a separate offense and shall be liable to the penalty as herein provided.

      (4)   The City may institute injunction proceedings in any court of competent jurisdiction to prevent or terminate a violation of any of the provisions of this chapter.

      (5)   The penalty for violation of Section 1101.12(h)(1) and (2) shall be that penalty provided for by the criminal code of the State of Ohio in effect at the time of the violation.

   (i)   Appeals. Any party in interest aggrieved by any final action, decision, or order of the Planning and Zoning Director, the Director of Engineering, Utilities, and Inspection, the Planning Commission, City Council, or by other persons authorized to enforce the provisions of these Regulations may appeal as provided in these Regulations. Any appeal not specifically provided for herein may be made to an Ohio court of competent jurisdiction.

      (Ord. 2004-013. Passed 3-22-04.)