A. Enforcement by City Planner: It shall be the duty of the City Planner to enforce this UDO in accordance with these administrative provisions. All departments, officials and employees of the City of Centerville, shall comply with the provisions of this UDO, and shall issue no permit, license, or registration for any use, building or purpose in conflict with the provisions of this UDO. Any permit, license, or registration issued in conflict with the provisions of this UDO shall be voidable by the City Planner. The duties imposed on the City Planner shall not constitute a limitation on the power of other enforcement officers of this City to make arrest or to institute prosecutions for violations of this UDO.
B. Violations and Penalties: It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any of the provisions of this UDO, or any amendment or supplement thereto adopted by the City Council of the City of Centerville. Any person, firm, corporation, or other legal entity violating any of the provisions of this UDO, or any amendment or supplement, shall be guilty of a fourth degree misdemeanor (ORC Section 713.13). Upon conviction, the person, firm, corporation, or other legal entity shall be fined not more than maximum permitted by law. Any person, firm, corporation, or other legal entity that is convicted of violating any of the provisions of this UDO, having been previously convicted of violating any of the provisions of this UDO, or any amendment or supplement within 2 years of the offense charged, shall be guilty of a fourth degree misdemeanor and fined not more than the maximum permitted by law. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues, shall be deemed to be a separate offense.
C. Violations, Remedies: In case any building, is or is proposed to be used, in violation of this UDO, or any amendment or supplement, the City Council, City Manager, Municipal Attorney, City Planner or any adjacent or neighboring property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use. The action could be to restrain, correct or abate such violation; to prevent the occupancy of said building structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
D. Exemptions: Government entities carrying out a governmental function, activity, or implementation of essential services may be exempt in whole or in part from this UDO at the discretion of the Municipal Attorney or the City Planner.
E. Nothing herein contained prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
F. A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 9.49 of this UDO is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable by a fine of up to $200 dollars or 30 days imprisonment. Each day a sexually oriented business so operates is a separate offense or violation.
G. Whoever causes, by willful action or willful neglect, any alteration of or demolition of any designated landmark in violation of this chapter shall be required to restore or reconstruct such buildings in accordance with the standards of this UDO. Restoration or reconstruction shall be in addition to any criminal penalty and not in-lieu thereof.