(A) (1) Declaration as a public nuisance. A structure erected, raised, or converted, or land or premises used that violates this chapter or regulation made as a part of this chapter shall be treated as if it were a common nuisance, and the owner or possessor of the structure, land, or premises upon which the use is maintained shall be liable for maintaining a common nuisance.
(2) Penalties.
(a) Any person or corporation, whether owner or possessor, who shall violate, or who permits or allows a violation, of any of the provisions of this chapter, or who fails to comply therewith or with any requirements thereunder, or who shall build, reconstruct, or structurally alter any building in violation of any detailed statement or plan submitted upon which an approval or grant is given under this chapter, shall, upon complaint filed in any court of the county and upon judgment finding such violation, be fined not less than $100 and not more than $3,500 for each violation.
(b) Each day that such violation or noncompliance shall be permitted to exist may constitute a separate violation, and further, any such judgment for a fine hereunder shall include an amount sufficient to pay the town’s reasonable attorney fees and all costs related to the enforcement of this chapter and the procurement of judgment.
(c) In the event that the Zoning Administrator determines that a fine is appropriate, a bill may be issued to the owner of the subject project at the property address or the address found on the tax records of the county.
(3) Removal of the violation.
(a) The Plan Commission, the Board of Zoning Appeals, the Zoning Administrator, the Building Inspector, or any designated enforcement official or any person or persons, firm, or corporation, jointly or severally aggrieved, may institute a suit for injunction in the circuit or superior courts of the county against the owner or possessor of the real estate.
(b) The Plan Commission or the Board of Zoning Appeals may also institute a suit for mandatory injunction directing the removal of a structure erected in violation of this chapter, or the removal of any use or condition existing in violation of this chapter.
(4) Grievances. Any person who is a resident of the town, who is aggrieved or whose property has been damaged by a violation of this chapter may, by suit in a circuit or superior court of the county, enjoin in the violation of this chapter.
(B) See § 10.99 for specified, applicable fees.
(Ord. 2014-26, passed 9- -2014; Ord. 2019-4, passed 7-9-2019)