It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, or maintain any structure in violation of any regulation in, or any provision of this ordinance, or of any regulation enacted hereunder. Uses of land and dwellings, buildings, or structures, including tents and manufactured homes and buildings used contrary to any provisions of this ordinance, or any regulation enacted hereunder, are hereby declared to be a violation. Any person, firm, or corporation making any attraction to real property within the city limits, or its zoning jurisdictional area, including, but not limited to driveways, fences, additions to homes and businesses, and any building activity regulated by city ordinance or code, who fails to secure the proper permits and/or use, shall be in violation of this ordinance. Any structure or use that violates this zoning ordinance shall be deemed to be a common nuisance, and the owner of the structure or land shall be liable for maintaining a common nuisance.
A. It shall be the duty of the Department to enforce these regulations and to bring any violations or lack of compliance to the attentions of the City Attorney who may file a complaint against the person and prosecute the alleged violation.
B. Any person may, by suit in a circuit or superior court of the county, enjoin the violation of this ordinance.
C. The City Board of Zoning Appeals by mandatory injunction in the circuit court of the county against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this ordinance, or the removal of any use or condition permitted in violation of this ordinance.
D. A use that violates this ordinance 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 such nuisance.
E. Anyone violating any of the provisions of this ordinance, or of any regulation enacted hereunder, shall, upon conviction thereof be subject to a fine of not less than $500. Each day that a violation continues shall constitute a separate offense.
In addition to the penalties herein above authorized and established, the City Attorney shall take such other actions at law or in equity as may be required to remove, or otherwise eliminate any violations of this ordinance. (In cases of conflict of interest, overburdening of activities, etc., the City Plan Commission Attorney or any other attorney may be used in conjunction with or in place of the City Attorney.)
F. No improvement location permit or building permit required under the Local Building Code, or this ordinance, shall be issued on any property subject to this ordinance in violation of the provisions of this ordinance.
G. Attorney's fees. Notwithstanding anything contained in this ordinance to the contrary or appearing to be to contrary, and in addition and supplementary to other provisions of this ordinance, if the Board of Zoning Appeals or the city is required to utilize the services of the City Attorney or any other attorney in investigating a possible violation of this ordinance or enforcing the provisions of this ordinance pursuant to § 1.14 C., D., or E., or any other section, before any board or court (including appeals), and such investigation results in a determination that a violation has occurred or if the Board of Zoning Appeals or city is successful in its enforcement of the ordinance by way of suit, appeal or other appropriate proceeding, the respondent, defendant or party investigated for a violation shall pay the city's reasonable attorney fees and all costs related to the investigation of the violation and/or the enforcement of this ordinance, unless such attorney fees or costs are specifically waived by the Common Council members.
H. Cost on appeal. As to any appeal from a decision of the Board of Zoning Appeals, costs may not be allowed against the Board of Zoning Appeals unless it appears to the court that the Board acted with gross negligence or in bad faith in making the decision brought up for review.
(1980 Code, Ch. 156, § 1.14) (Ord. 1995-7, passed 6-5-1995)