(A) Penalty provisions. Any person found to be in violation of these regulations shall be guilty of an ordinance violation and shall be subject to a civil penalty of up to $2,500 for each violation. Each day that a violation continues shall constitute a separate violation. Any failure to comply with any of the terms and provisions of these regulations shall constitute a violation. The assessment of a civil penalty shall in no way limit the operation of any other enforcement remedies provided elsewhere in these regulations. The Department may recover reasonable attorney fees, court costs and other expenses associated with the enforcement of these regulations from any person found to be in violation of these regulations.
(B) Injunction. The Zoning Administrator, in the name of the Plan Commission, may petition a court of competent jurisdiction within the county for the issuance of a temporary restraining order or permanent injunction, which restrains the violation of or requires specific compliance with these regulations or any codes, rules, standards or procedures established pursuant to the terms of these regulations. Any action for mandatory or injunctive relief may be joined with an action to recover the civil penalties provided for in these regulations.
(C) Agreed order. The Zoning Administrator, in the name of the Plan Commission, may enter into an agreed order with the approval of the Director, which order may include the payment of a civil penalty and other expenses associated with the enforcement of these regulations by the Department.
(D) Suit for civil penalties. The Zoning Administrator, in the name of the Plan Commission, may file a complaint in a court of competent jurisdiction within the county seeking a judicial determination that these regulations have been violated and requesting the imposition of civil penalties.
(E) Stop work order. Whenever any construction is being done contrary to the terms and provisions of these regulations, the Zoning Administrator or Director may order the construction stopped by written notice served on any persons engaging in or causing the work to be done, and all those persons shall immediately stop that construction until authorized by the Zoning Administrator or Director to proceed with the construction. As an additional part of the notice, the Zoning Administrator or Director shall post a stop work order in a prominent place on the building or project and shall serve a copy of the notice of the stop work order by regular United States mail on the subject property owner or the person holding or requesting the permit. The issuance of a stop work order shall in no way limit the operation of the civil penalty provisions provided elsewhere in these regulations.
(F) Enforcement of agreed order. The Zoning Administrator, in the name of the Plan Commission, may file a complaint in a court of competent jurisdiction within the county seeking to enforce the terms of an agreed order.
(G) Actions cumulative. Nothing contained herein shall prevent the Zoning Administrator, the Director, the Plan Commission, the Department or the county, as their interest may appear, from taking any other lawful action as is necessary to prevent or remedy any violation of these regulations. The Zoning Administrator, the Director, the Plan Commission, the Department or the county may pursue any other action or remedy, authorized by the laws of the state. All of the foregoing actions shall be cumulative.
(Ord. 2009-67, passed 3-2-2009)