(A) Remedies. The APC, BZA or any designated enforcement official may institute a suit for injunctive relief in the circuit court, or any court in the county having jurisdiction to entertain the matters, to restrain an individual person or a governmental unit from violating the provisions of the ordinance enacted pursuant to its terms or Chapter 156 of this code. The APC or the BZA may also institute a suit for mandatory injunction, directing an individual person or a governmental unit to remove a structure erected in violation of the provisions of these ordinances, enacted pursuant to its terms. In the event that the APC or BZA deems it necessary to invoke one or more remedies under this division, then, and in that event, they shall be entitled, if found to be the prevailing party, to an award of attorneys fees and costs of this action
(B) Improvement location permits.
(1) Any persons or corporation who shall initiate construction prior to obtaining an improvement location permit, or certificate of occupancy or any other permit or authorization required herein, shall pay an early bird fee as set forth in the fee schedule.
(2) The owner or tenant of any building, structure or premises and any other person who participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties prescribed by this section.
(C) Zoning ordinance. Any person or corporation who shall violate any of the provisions of these ordinances or fail to fully comply therewith or with any of the requirements thereof (including violations of conditions established in connection with grants of variance or special exceptions) or who shall build, reconstruct or structurally alter any building in violation of the approved plot plan or building plans shall be subject to civil penalties of not more than $500 per day of violation.
(D) Subdivision control ordinance.
(1) It shall be the duty of the Director to periodically research the County Auditor’s records and perform the other necessary investigation to detect any violations of these regulations.
(2) No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of the subdivision has been approved by the APC in accordance with the provisions of these regulations and filed with the Boone County Recorder.
(3) No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by these regulations until the proposed subdivision has been approved by the APC in accordance with these regulations and filed with the Boone County Recorder.
(4) No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations.
(E) Enforcement. The Director shall enforce these regulations and bring to the attention of the APC attorney any violations or lack of compliance herewith. The APC attorney shall take steps necessary under the Indiana Code to civilly enjoin any violation of these regulations.
(Ord. 98-25, passed 12-21-1998)