(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) No person, firm or corporation, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of §§ 151.01 et seq. or any order issued by the enforcement authority. Any person violating the provisions of §§ 151.01 et seq. or I.C. 36-7-9-28 shall commit an ordinance violation, or the equivalent of a Class C infraction, as defined in I.C. 36-7-9-28, for each day the violation continues. The person, firm or corporation, as defined herein, may be fined up to a maximum of $500 for each violation of §§ 151.01 et seq.
(2) In the event that Boone County Commissioners are required to file ordinance violation charges or required to seek injunctive or other relief before any court, upon any determination in favor of Boone County, the county shall be further entitled to recover and have judgment against any such person, firm or corporation, or other entity violating §§ 151.01 et seq. for the county’s reasonable attorney fees incurred in the prosecuting any of the actions set forth herein.
(Ord. 2004-14, passed 10-4-2004)
(C) (1) The Attorney for the Boone County Area Plan Commission may, in the name of the Commission, institute a suit for injunction in the Circuit Court of the county, to restrain an individual or a governmental unit from violating the provisions of §§ 151.20 et seq., or of an ordinance enacted pursuant to its terms. The Attorney may also institute a suit for mandatory injunction, directing an individual or a governmental unit to remove a structure, erected in violation of the provisions of §§ 151.20 et seq., or of an ordinance enacted pursuant to its terms. If the Plan Commission or the Board of Zoning Appeals is successful in its suit, the respondent shall bear the costs of the action.
(2) Any persons or corporation who shall violate any of the provisions of §§ 151.20 et seq. or fail to fully comply therewith or with any of the requirements thereof or who shall build, reconstruct or structurally alter any building in violation of the approved plot plan or building plans shall be charged with constituting a common nuisance, be guilty of an infraction and, upon conviction, shall be fined not less than $10, and not more than $300, and each day that the violation or non-compliance shall be permitted to exist shall constitute a separate offense.
(Ord. 82-6, passed 7-19-1982)