(a) Failure to Obtain a Zoning Permit or Certificate of Zoning Compliance. Failure to obtain a Zoning Permit or Certificate of Zoning Compliance, prior to the commencement of the construction, alteration, or use for which the permit or certificate is required, shall be a violation of this Zoning Code and punishable under Section 1115.01 of this Ordinance.
(b) Construction and Use to be as Provided in Application, Plans, Permits, Certificates. Zoning Permits or Certificates of Zoning Compliance issued on the basis of plans and applications approved by the Zoning Inspector authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other use, arrangement, or construction shall be permitted. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance and punishable under this Zoning Code.
(c) Complaints Regarding Violations. Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate, and take such appropriate action thereon as may be necessary and as provided by this Zoning Ordinance.
(d) Entry and Inspection of Property. The Zoning Inspector, or designee, is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Zoning Code. Prior to seeking entry to any property or structure for such examination or survey, the Zoning Inspector shall attempt to obtain the permission of the Owner or occupant to inspect. If such permission is denied or cannot be obtained, the Zoning Inspector shall request the assistance of the City Police Department when the matter is an immediate hazard to life safety. Nothing in this section limits the ability of the Zoning Inspector to work with the Law Director to secure a valid search warrant prior to entry.
(e) Zoning Permit Revocation. The Zoning Inspector may issue a revocation notice to revoke a permit which was issued contrary to this Zoning Code or based upon false information or misrepresentation in the application.
(f) Land Use Infractions (Ticket).
(1) Any Land Use Infraction (ticket) may be issued by a Law Enforcement Officer for any violations of Sections 1145.07 (Signs), 1145.11 (Food Trucks/Trailers/Food Push Carts/Food Tents; 1145.04(a)(10) and 1145.04(a)(13) Recreational Vehicles. Nothing in this section precludes the enforcement of any violation in any other manner provided by law as long as no ticket is issued under this section.
(2) Per Ohio R.C. Section 765.02(B), the ticket issued for such violations shall contain two (2) parts. The first part of the ticket shall identify the land use infraction charged and indicating the date, time, and place of the infraction. The officer shall sign the ticket and affirm the facts it contains.
(3) If the offender is present, the officer also shall record on the ticket the name of the offender in a space provided on the ticket for identification of the offender, and then shall serve the first part of the ticket in accordance with the service requirements of Ohio R.C. Section 765. If the infraction is not corrected within the time period specified on the first part of the ticket, the law enforcement officer shall serve the second part of the ticket.
(4) The first violation shall include a fine of one hundred fifty dollars ($150.00). Each additional violation of the same code section within a period of one calendar year shall follow this escalating scale:
A. Second Offense - $250.00
B. Third Offense -$500.00
C. Fourth Offense - $750.00
D. Each additional offense - $1,000.00
This section shall be administered utilizing the process outlined in Chapter 357 of the Circleville Codified Ordinances.
(g) Enforcement of Violation. Any Violation of any Section of this Code may also be enforced utilizing the following procedures:
(1) Stop Work Order. Subsequent to his or her determination that work is being done contrary to this Zoning Ordinance, the Zoning Inspector shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Zoning Inspector, shall constitute a punishable violation of this Zoning Ordinance.
(2) Whenever the Zoning Inspector or his or her agent determines that there is a violation of any provision of this Zoning Ordinance, a written Notice of Violation shall be issued to the Responsible Party as defined in Chapter 1105. Such notice shall:
A. Be in writing.
B. Identify the violation.
C. Include a statement of the reason or reasons why it is being issued and refer to the sections of this Zoning Ordinance being violated.
D. Include a statement that the violation shall be corrected within thirty (30) days of the Date of Service of the Notice of Violation (which shall be referred to as the Violation Remedy Date). Failure to correct the violation prior to the Violation Remedy Date shall be cause for a citation to be issued by the Zoning Inspector in accordance with Section 1115.01(g)(5).
(3) The Date of Service for the Notice of Violation shall be one of the following:
A. The date the Notice of Violation is personally delivered to the Responsible Party; or
B. The date the Notice of Violation is sent by certified mail in the US Post Office to the both the property owner address as listed on the Pickaway County Auditor's Tax List and the address for the property; or
C. The date the Notice of Violation is posted in a conspicuous place on the property in violation.
Service of this notice shall be deemed complete on the date the Zoning Inspector certifies that the Notice of Violation was delivered via one of the above methods.
(4) Re-Inspection and Citation Notification. Within three (3) business days after the Violation Remedy Date, the Zoning Inspector shall re-inspect the property in question. If, upon re-inspection following the issuance of a notice of violation, the condition has not been corrected by the Responsible Party a Citation shall be issued in accordance with Section 1115.01(g)(5). Such Citation Notification shall:
B. Be in writing.
C. Identify the violation. State the amount of the penalty being assessed in accordance with 1115.01(g)(5).
D. Shall direct the Responsible Party to remedy the violations within seven (7) days of the date of the Citation Notification and failure to do so will result in additional citations in escalating amounts specified in 1115.01(g)(5). The Citation Notification shall also inform the Responsible Party that a civil complaint or criminal summons may be filed if the code violation is not remedied in accordance with the Circleville Codified Ordinances.
(5) Citations for Violation. The following citations shall apply to all violations, except for Land Use Infractions.
A. The first citation for a violation shall constitute a third degree misdemeanor and the penalty shall be five hundred dollars ($500.00).
B. The second citation for a violation shall constitute a second degree misdemeanor and the penalty shall be seven hundred fifty dollars ($750.00).
C. Each additional citation shall constitute a first degree misdemeanor and the penalty shall be one thousand dollars ($1,000.00).
D. There shall be a minimum of seven (7) days between the dates of each citation for the same violation. The Zoning Inspector shall be required to re-inspect the property and document the continued violation prior to issuing additional citations for the same violation. Each additional Citation Notification shall follow the requirements of Section 1115.01(g)(2).
E. All unpaid citations shall be cumulative and shall subject the violator to a possible civil penalty to be recovered in a civil action in the nature of the debt.
Flowchart is for general guidance only - Code language in this document controls
(h) Additional Remedies. Nothing in this Zoning Ordinance shall be deemed to abolish, impair or prevent other additional remedies as provided by law, including but not limited to civil procedures. In the event of a violation of any provision or requirement of this Zoning Ordinance, or in the case of an imminent threat of such a violation, the Zoning Inspector, the Law Director, or the Owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourses provided by law, institute mandamus, injunction, abatement, or other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.
(Ord. 02-13-2023. Passed 2-21-23.)