(A) Voluntary compliance without penalty.
(1) Policy. It is the city’s policy to encourage voluntary code compliance by providing code violators and other responsible persons with the opportunity during code enforcement to comply with the codes with little or no penalty. Voluntary compliance generally is less expensive for all parties and of a more satisfactory and lasting nature than involuntary compliance.
(2) In some cases, allowing code violators the opportunity to voluntarily comply may result in abuse of this opportunity in order to delay compliance. Therefore, a time frame for compliance should be part of any voluntary compliance.
(3) Voluntary compliance without penalty or cost recovery will not be allowed where the alleged violator is a repeat offender either on the subject property or by the code violator, or where the original violation was not corrected following the prior code enforcement action.
(4) Following the issuance of a NOV, if the alleged violator admits the violation(s) and requests extended time for voluntary compliance, the alleged violator shall sign a “voluntary compliance agreement.” The agreement shall provide that, in exchange for the extended time for voluntary compliance, the alleged violator agrees to abate the violation(s) by a specified time, and consent to judgment against him/her if voluntary compliance is not obtained during the extended time allowed by the city and a citation is filed in court.
(B) Notice of violation.
(1) The city may issue a notice of violation (“NOV”) to the property owner and any responsible party when there are reasonable grounds to believe a violation did or does occur.
(2) NOVs shall be sent by certified mail to the most recent known address for the property owner(s) and other responsible person(s). The NOV shall establish a deadline for compliance.
(C) Citation and complaint.
(1) Where voluntary compliance is not obtained within a reasonable time, a citation may be issued as provided by the City Code.
(2) Citations may be on a uniform citation and complaint form or any other form approved by the City Attorney.
(D) Injunctions. The city may seek an injunction in accordance with state or local laws.
(E) Stop work orders.
(1) The city may issue stop work orders to assure compliance with permits and approvals or when otherwise authorized by applicable law.
(2) A stop work order may be issued for non-compliance with permits or approvals or for doing work without a permit or approval when a permit or approval is required.
(3) If construction, installation or land use activity continues after the issuance of a stop work order, the activity shall be reported to code enforcement. The City Planner or designee shall cite the violator.
(F) Permit revocation. Certain city codes authorize the revocation of permits or approvals for failure to comply with their requirements or conditions. Permit revocation may be pursued when corrective action may not be effective due to the nature of the violation or the deliberateness of the code violator’s actions.
(G) Nuisance abatement. Chapter 93 of the City Code authorizes the abatement of code violations that are defined as “nuisances.”
(H) Unsafe building abatement. The city has adopted the Indiana Unsafe Building Law (IC 36-7-9 et seq.) as part of its building code and will follow the procedures in that document.
(I) City cost recovery. The city incurs costs investigating code violations and enforcing codes. The include the cost of personnel and equipment, legal advice and representation, service of summons, and administrative expenses. It is the policy of the city to maximize code enforcement and to increase the incentives for code compliance by recovering its reasonable code enforcement costs from code violators when authorized by state or local law.
(J) Liens. The city may use liens as a means of cost recovery as permitted under state or local law.
(K) Civil action.
(1) The city, pursuant to IC 36-1-6-1 et seq., may bring a civil action for the enforcement of ordinances in the circuit or superior court of DeKalb County, Indiana.
(2) The city has discretionary power to request the court for any of the following remedies:
(a) Injunction;
(b) Judgment;
(c) Continuous enforcement order;
(d) Suspension or revocation of license;
(e) Order an inspection;
(f) Order the property to be vacated;
(g) Order the structure to be demolished;
(h) Impose a penalty;
(i) Impose court costs and fees;
(j) Order compliance without a specified amount of time; or
(k) Order the city to bring the property into compliance.
(Ord. 1690, passed 8-5-19)