(A) (1) Except as otherwise provided herein, any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer or otherwise, who violates any provisions of this chapter shall be guilty of a zoning ordinance violation and shall, upon conviction, be punished by a fine of not less than $100 nor more than $500 for each offense. Each day of the existence of any violation of this chapter shall be a separate offense. In addition, the court may award a reasonable attorney fee in favor of the city against any person violating any provision of this chapter, which shall be deemed an additional penalty hereunder.
(2) The erection, construction, enlargement, conversion, moving or maintenance of any building or structure; and the use of any land or structure which is continued, operated or maintained contrary to any provision of this chapter is hereby declared to be a nuisance and a violation of this chapter, in addition to the penalties provided for herein. The Zoning Administrator may institute a suit for injunction in the Circuit or Superior Court of Adams County, to restrain any person or governmental unit from violating any provision of this chapter and to cause any violation to be prevented, abated or removed. This action may be instituted by any property owner who may be especially damaged by the violation of any provision of this chapter, except that the attorney fees provision herein shall not apply to a suit instituted by a private person.
(3) In addition to the penalties provided for herein, the city shall be entitled to recover its costs and expenses in enforcing this chapter, including reasonable attorney fees which may be awarded by the court against any person violating any of the provisions of this chapter. The assessment of costs and attorney fees shall be in addition to the fines and penalties provided for herein, except that the expenses of enforcement and attorney fees shall not apply to any action instituted by any private citizen instituting an action for enforcement of this chapter.
(4) The remedies provided for in this division (A) shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.
(B) Failure to obtain a floodplain development permit in the SFHA or failure to comply with the requirements of a floodplain development permit or conditions of a variance shall be deemed to be a violation of §§ 152.185 through 4152.190. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Zoning Code for City of Berne, Indiana. All violations shall be punishable by a fine of $100 minimum not to exceed $500.
(1) A separate offense shall be deemed to occur for each day the violation continues to exist.
(2) The City of Berne, Indiana Planning Commission shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.
(3) Nothing herein shall prevent the City of Berne, Indiana from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. 466, §§ 3-11-1, 4-13-15, passed 5-11-98; Am. Ord. 608, passed 9-13-10; Am. Ord. 649, passed 2-10-14)