(A) In case any building or structure is constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Building Commissioner (or any owner or tenant of real property in the same contiguous zoning district as the buildings or structures in question), in addition to other remedies, may institute any appropriate action or proceedings:
(1) To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use;
(2) To prevent the occupancy of the building, structure or land;
(3) To prevent any illegal act, conduct, business or use in or about the premises; and
(4) To restrain, correct or abate the violation.
(B) When any action is instituted by an owner or tenant, a copy of the complaint shall be served upon the Chairperson of the Village Zoning Board of Appeals, at the time the suit is begun. No action may be maintained until the notice has been given.
(C) In any action or proceeding for a purpose mentioned in this section, the court with jurisdiction of the action or proceeding has the power and, in its discretion, may issue a restraining order or a preliminary injunction as a permanent injunction, upon the terms and under the conditions as will do justice and enforce the purpose of this section.
(D) If a permanent injunction is decreed in any action or proceeding for a purpose mentioned in this section, the court, in its decree, may, in its discretion, allow the plaintiff a reasonable sum in money for the services of the plaintiff’s attorney. This allowance shall be a part of the costs of litigation assessed against the defendant and may be recovered as such.
(Prior Code, § 9B-9-7) (Ord. 746, passed 6-7-1979)