(a) Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint to the Zoning Inspector. Such complaint shall state the cause or basis of the violation. The Zoning Inspector shall record the complaint, promptly investigate it and take the necessary action to resolve the complaint.
(b) In addition, any person can pursue the other remedies by law to initiate appropriate action or proceedings to prevent, restrain, correct or abate such violation.
(Ord. 26-99-0. Passed 8-23-99.)
The notice of any violation of the Zoning Ordinance shall be as follows:
(a) Whenever the Zoning Inspector determines that there is a violation of any provision of this Zoning Ordinance, a notice of such violation shall be issued. Such notice shall:
(1) Be in writing;
(2) Identify the violation;
(3) Include a statement of the reason or reasons why it is being issued and refer to the section of this Zoning Ordinance being violated; and
(4) State the time by which the violation shall be corrected.
(b) Service of notice of the violation shall be as follows:
(1) By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person aged sixteen (16) years or older; or
(2) By Certified Mail, addressed to the property owner of record on the County Auditor's records. Service shall be deemed complete when the fact of the mailing is recorded.
(3) By posting a copy of the notice form in a conspicuous place on the premises found in violation.
(Ord. 26-99-0. Passed 8-23-99.)
The following remedies shall apply to violations of the Zoning Ordinance:
(a) Prohibitions.
(1) No person shall fail or refuse to comply with an order issued by the Zoning Inspector. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(2) No person shall construct, modify, alter, use or occupy any structure or property in violation of the Celina Zoning Ordinance. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(b) Penalties.
(1) Whosoever violates this section is guilty of a minor misdemeanor for each offense.
(2) If, within one year of the date of the offense, the offender has been convicted of or pleads guilty to another violation of Section 1199.03(a) the offender is guilty of a misdemeanor of the third degree.
(c) Civil Remedies For Violations.
In case any building is located or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is used or is proposed to be used in violation of the Zoning Ordinance or any amendment or supplement thereto, the Zoning Inspector, shall institute or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 26-99-0. Passed 8-23-99.)
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