(A) Investigation and enforcement.
(1) The Zoning Administrator, on receipt of information of a possible violation of the Zoning Ordinance, shall make investigation to establish reasonable belief that a violation has occurred.
(2) The Zoning Administrator, any Code Enforcement or police officer may issue a citation for violation of this chapter.
(3) The City Attorney may file a complaint against the person(s) and prosecute the alleged violation.
(B) Violations.
(1) Buildings erected, razed or converted, or land or premises used in violation of any provision of this chapter are hereby declared to be a common nuisance, and the owner of the building, land, or premises, shall be liable for maintaining a common nuisance, a Class C infraction; and upon conviction responsible parties will be liable for maintaining a common nuisance.
(2) Any use of a building, structure and/or land not permitted in the applicable zoning district and any act or omission contrary to the provisions of this chapter shall constitute a violation of this chapter. The record owner(s), contract purchaser(s), tenant(s) and/or other occupant(s) of any structure, land or part thereof, and other person(s) who commit, participate in, assist in, and/or maintain and/or allow a violation to continue shall each be considered responsible parties and may be found liable for separate violations.
(3) The following actions may be instituted when violations of this chapter occur:
(a) The Plan Commission or Board of Zoning Appeals may institute a suit for injunction to restrain any individual or governmental unit from violating the provisions of this chapter.
(b) The Plan Commission or Board of Zoning Appeals may institute a suit for mandatory injunction directing any individual or governmental unit to cease an illegal use, or remove a structure erected in violation of the provisions of this chapter.
(4) Violation of a condition imposed by the Board of Zoning Appeals, Plan Commission or City Council as a condition of approval of any special exception, variance, conditional use, development plan or PUD, as applicable, shall result in revocation of the approval and any use or development instituted pursuant to the approval shall be deemed in violation of this chapter.
(5) In the event of a violation of a written commitment made under this chapter, the body (Board of Zoning Appeals, Plan Commission or City Council) which permitted or required the property owner to make the commitment, may institute an action to enforce the commitment.
(6) In the event a condition constituting a violation of this chapter exists on real property, the Zoning Administrator or his or her designee may enter onto the property and take action to bring the property into compliance with this chapter if all persons with a substantial interest in the property have been given notice of the violation and have failed to bring the property into compliance after being provided with a reasonable opportunity to do so. The property owner of record shall be liable for the costs of the action and the costs may be made a lien on the property.
(7) Nothing herein contained shall prevent the city from taking other lawful action necessary to prevent, remedy or issue a fine for any violation.
(1979 Code, § 151.242) (Ord. 4370, passed 7-20-1998)