(A) If any person, firm, or corporation shall violate any of the provisions of this code, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the City Controller or its agents, or shall fail, neglect, or refuse to obey a lawful order given by the City Controller, or its agents, in connection with the provisions of this chapter for each such violation, failure, or refusal, such person, firm, or corporation shall be fined in any sum not to exceed an amount as set by the city from time to time, and costs of prosecution as provided under I.C. 36-1-6-2. Each day of such unlawful activity as is prohibited by the first sentence of this section shall constitute a separate offense. The City Corporation Council or City Attorney shall bring an action against the violator as provided in division (B) or (C) below.
(B) The city may issue a citation and summons for a violation of this code, and bring an action in the name of the city in City Court, or County Circuit Court to enforce the ordinance as provided in I.C. 34-28-5-1.
(1) In an enforcement action, the city need not prove that it or the ordinance is valid unless validity is controverted by affidavit. Such actions:
(a) Shall be conducted in accordance with the State Rules of Trial Procedure; and
(b) Must be brought within two years after the alleged conduct or violation occurred.
(2) In an action brought under I.C. 34-28-5-1, the city must prove the commission of an infraction or ordinance violation by a preponderance of the evidence.
(3) The complaint and summons described in I.C. 9-30-3-6 may be used for any infraction or ordinance violation.
(C) If any person, firm, or corporation violates the provisions of this code, or continues to violate the provisions of this code after receiving written notice of a violation, the city may bring an action against the person, firm, or corporation as provided in I.C. 34-28-5 or a civil action as provided in I.C. 36-1-6 seeking an injunction, a judgment, an order for continuous enforcement (as defined in I.C. 36-7-9-2Cite), an order for the suspension or revocation of a license, an order for an inspection, and order vacating the property or other remedy as proscribed by I.C. 36-1-6-4(b)Cite.
(Ord. 11-0040, passed 1-9-2012; Ord. 12-0002, passed 3-1-2012; Ord. 12-0019, passed 6-15-2012)