(a) Violations and Equitable Remedies: No person shall erect, construct or alter any building or structure, or use any land, in violation of this UDO. If any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this UDO or any amendment or supplement thereto the City or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute an action in injunction, mandamus, abatement or any other appropriate action, actions or proceedings by notice in writing to be delivered upon such premises to the owner of the premises, and by any other required notice, to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(b) Enforcement by Zoning and Building Official: It shall be the duty of the Building Official to enforce this UDO in accordance with these administrative provisions. All departments, officials and employees of the City of Eaton, shall comply with the provisions of this UDO, and shall issue no permit, license, or registration for any use, building or purpose in conflict with the provisions of this UDO. Any permit, license, or registration, issued in conflict with the provisions of this UDO shall be voidable by the Zoning and Building Official. The duties imposed on the Zoning and Building Official shall not constitute a limitation on the power of other enforcement officers of this City to make arrest or to institute prosecutions for violations of this UDO.
(c) Violations and Penalties:
(1) It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any of the provisions of this UDO, or any amendment or supplement thereto adopted by the Council of the City of Eaton. Any person, firm, corporation, or other legal entity violating any of the provisions of this UDO, or any amendment or supplement, shall be guilty of a minor misdemeanor. Upon conviction, the person, firm, corporation, or other legal entity shall be fined not more than $150.00.
(2) Any person, firm, corporation, or other legal entity that is convicted of violating any of the provisions of this UDO, having been previously convicted of violating any of the provisions of this UDO, or any amendment or supplement within two years of the offense charged, shall be guilty of a first degree misdemeanor and fined not more than $1,000.00.
(3) Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues, shall be deemed to be a separate offense.
(d) Remedies: In case any building is or is proposed to be used in violation of this UDO, or any amendment or supplement, the City or any adjacent or neighboring property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use. The action could be to restrain, correct or abate such violation; to prevent the occupancy of said building structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
(e) Rights Reserved to the City: The City shall have the right to deny approval of any plats, development plans, or construction plans that do not comply with the provisions, requirements and/or standards of this UDO.
(f) Exemptions: Government entities carrying out a governmental function, activity, or implementation of essential services may be exempt in whole or in part from this UDO at the discretion of Council.
(Ord. 05-13. Passed 11-7-05.)