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Whenever the Zoning Inspector or his or her agent determines that there is a violation of any provision of this chapter, a certified letter to the property owner shall be issued and shall serve as a notice of violation. Such certified letter shall:
(A) Include a statement of the reasons why it is being issued and refer to the sections of this chapter being violated.
(B) State the time by which the violation shall be corrected.
(C) If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Zoning Inspector. Service shall be deemed complete when the fact of mailing is entered in record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery.
(Ord. 37-02, passed 7-10-02)
(A) If, upon re-inspection by the Zoning Inspector following the issuance of a notice of violation, the condition has not been corrected, the person or persons responsible shall be issued a ticket by the Zoning Inspector. Such ticket shall:
(1) Be served personally.
(2) Be in writing.
(3) Identify the violation.
(4) State the time, date, and place for appearance in court.
(5) State the amount of the fine payable in lieu of a court appearance.
(B) If the ticket cannot be served personally, the Zoning Inspector shall request that a summons be issued by the court.
(Ord. 37-02, passed 7-10-02)
It shall be unlawful to erect, establish, locate construct, reconstruct, enlarge, change, convert, move, repair, maintain, or structurally alter any building, structure or land in violation of any provision of this chapter or any amendment thereto. Any person, firm, or corporation who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $100, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues after receipt of a violation notice shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 37-02, passed 7-10-02)
Nothing in this chapter shall be deemed to abolish, impair, or prevent other additional remedies as provided by law. In the event of a violation of any provision or requirement of this chapter, or in the case of an imminent threat of such a violation, the Zoning Inspector, Prosecuting Attorney, or the owner of any neighboring property who would be especially damaged by such violation may, in addition to other recourse provided by law, institute mandamus, injunction, abatement, or other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.
(Ord. 37-02, passed 7-10-02)
AMENDMENTS
Whenever the public necessity, convenience, general welfare, or good zoning practices require, the City Council may by resolution, after receipt of recommendation thereon from the Planning and Zoning Commission and subject to the procedures provided by law, amend, supplement, change, or repeal the regulation, restriction, and boundaries or classification of property described by this chapter.
(Ord. 37-02, passed 7-10-02)
Amendments to this chapter may involve an amendment of the text of this chapter or the Zoning Map and may be initiated in one of the following ways:
(A) By adoption of a motion by the Planning and Zoning Commission.
(B) By adoption of a resolution by the City Council.
(C) By the filing of an application by at least one owner or lessee of a property within the area proposed to be changed or affected by said amendment.
(Ord. 37-02, passed 7-10-02)
Applications for amendments to the Zoning Map adopted as part of this chapter shall contain at least the following information:
(A) The name, address, and phone number of applicant.
(B) The proposed amending resolution approved as to form by the City Attorney
(C) A statement of the reason(s) for the proposed amendment.
(D) Present use.
(E) Present zoning district.
(F) Proposed use.
(G) Proposed zoning district.
(H) A vicinity map at a scale approved by the Zoning Inspector, showing property lines, thoroughfares, existing and proposed zoning, and such other items as the Zoning Inspector may require.
(I) A list of all property owners and their mailing addresses who are contiguous to or directly across the street from the parcel(s) proposed to be rezoned, and the others that may have a substantial interest in the case, except that addresses need not be included where more than ten parcels are to be rezoned.
(J) A statement on the ways in which the proposed amendment relates to the comprehensive plan.
(K) A fee as established by City Council and adopted by resolution.
(Ord. 37-02, passed 7-10-02)
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