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No person shall commence the excavation for or the construction of any building or structure, including accessory buildings, commence the installation or exterior alteration of any building or structure and/or change the uses of any building, including accessory buildings, until the Zoning Enforcement Officer has issued a zoning permit for such work or change of use.
(Ord. 58-01. Passed 5-29-01.)
Any building erected, altered, moved, razed or converted, or any use of land or premises carried on in violation of any provision of this Planning and Zoning Code may be declared to be a nuisance. Any building or land use activity considered to be a possible violation of any provision of this Planning and Zoning Code that is observed by any City official shall be reported to the Zoning Enforcement Officer.
(Ord. 58-01. Passed 5-29-01.)
Whenever a violation of this Planning and Zoning Code occurs, or is alleged to have occurred, any person may file a complaint. Such written complaints shall fully state the causes and basis of the complaint and shall be filed with the Zoning Enforcement Officer.
(Ord. 58-01. Passed 5-29-01.)
Subsequent to a determination that construction work is being done contrary to this Planning and Zoning Code, the Zoning Enforcement Officer, or his or her designee, shall issue a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Zoning Enforcement Officer or designated agent, shall constitute a punishable violation of this Planning and Zoning Code.
(Ord. 58-01. Passed 5-29-01.)
Upon finding a violation, the Zoning Enforcement Officer shall order, in writing, the owner, agent, occupant or operator of such building or premises to correct, within a stated reasonable time, all conditions that are found to be in violation of this Planning and Zoning Code. After such a notice is served, no work, except to correct the violation or comply with the notice shall proceed on any building or premises included in the violation.
(Ord. 58-01. Passed 5-29-01.)
(a) It shall be unlawful to:
(1) Use or occupy any parcel of land; build, erect, alter, remodel, restore or rebuild thereon any building or structure; permit any building or structure to remain on such land; or use, occupy or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this Planning and Zoning Code;
(2) Use or occupy any parcel of land or new building, or enlarge, substitute, or otherwise change the use, occupancy or configuration of any land or building, without having received a zoning permit, special use permit or certificate of occupancy indicating compliance with the provisions of this Planning and Zoning Code from the Zoning Enforcement Officer;
(3) Aid, assist or participate with any person in placing, building, erecting, altering, remodeling, restoring or rebuilding any building or structure which is not permitted by the provisions of this Planning and Zoning Code;
(4) Violate or fail to perform any condition, stipulation or safeguard set forth in any permit or certificate issued pursuant to this Planning and Zoning Code, or continue to use or occupy the premises or building as previously authorized by such certificate beyond the duration limit therein stated;
(5) Continue construction, renovation or improvements contrary to a Stop Work Order or Notice of Violation;
(6) Refuse to permit the Zoning Enforcement Officer to enter any premises in the City to investigate a reported violation of the provisions of this Planning and Zoning Code, or refuse or fail to furnish to the Zoning Enforcement Officer a statement as to the number of persons occupying such premises;
(7) Knowingly make any materially false statement of fact in an application to the Zoning Enforcement Officer for a zoning permit, special use permit or certificate of occupancy or in the plans or specifications submitted to the Zoning Enforcement Officer in relation to such application; or
(8) Make changes to the Official Zoning District Map, or matter shown thereon, except in conformity with the procedures set forth in this Planning and Zoning Code.
(b) Failure to correct the conditions in violation with the provisions of this Planning and Zoning Code, as ordered by the Zoning Enforcement Officer, shall constitute a misdemeanor. The responsible person or party shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or imprisoned for not more than six months, or both. Each day such violation continues shall be deemed a separate offense. Any other person who commits, participates in or assists in the continuation of said violation may each be found guilty of a separate offense and suffer the penalties provided.
(c) In regard to Subdivision Regulations:
(1) No plat or plan of subdivision of land in the City shall be admitted to the records of the County or received or recorded by the County Recorder until such plat has received final approval, in writing by the Planning Commission and Council, as provided in Sections 1244.11 and 1244.12. Admission to the records shall not be construed as approval.
(2) It shall be unlawful for any County Recorder to receive, file or record a plat in violation of the Subdivision Regulations contained within this Planning and Zoning Code. The responsible person shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) as provided in Ohio R.C. 711.12.
(3) Any individual or party who transfers or negotiates to transfer any lot in a subdivision before the final plat of such subdivision is approved by Council and recorded in the office of the County Recorder, or attempts the description of land by metes and bounds in violation of the Subdivision Regulations contained within this Planning and Zoning Code, shall be fined not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00).
(Ord. 58-01. Passed 5-29-01.)