(A) Any person, firm or corporation (as principal, agent, employee, or otherwise) violating, causing, or permitting violation of the provisions of this chapter shall be guilty of a misdemeanor, and punishable as provided by law. Such person, firm, or corporation intentionally violating this chapter shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this chapter is permitted or continued by such person, firm, or corporation, shall be punishable as herein provided.
(B) The provisions of this chapter may be enforced by either civil or criminal actions in courts of appropriate and competent jurisdiction. Suit may be brought by the city or by affected property owners in the manner set forth below.
(1) Criminal citations. The Zoning Administrator and other designated city officials may, when there is probable cause to believe that construction has occurred in violation of this subchapter, issue a citation and swear out criminal complaints against the appropriate individuals and business entities. Specific approval from the Mayor or designee for such misdemeanor citations is required.
(2) Civil actions. The city, with the authorization of the City Council, may bring actions for civil and equitable relief, including enjoining specific land uses and affirmative injunctions. The Zoning Administrator, Planning Commission, and other designated city officials may recommend such actions at any time to the City Council, provided that no civil proceeding shall be commenced without the specific authorization of the Council.
(3) Third party actions. Individuals affected by zoning violations within the city shall have the right to maintain private actions to enforce the chapter without joining the city as a party.
(C) Failure to maintain required landscaping in a condition substantially similar to its original approved condition as defined in § 155.189 shall subject the owner or lessee to a fine of up to $100 per day, and/or revocation of business license, if, within ten days after the mailing of such notice, the violation is not brought into compliance.
(D) Failure to maintain required landscaping in a condition substantially similar to its original approved condition as defined in § 155.208 shall subject the owner or lessee to a fine of up to $100 per day, and/or revocation of business license, if, within ten days after the mailing of such notice, the violation is not brought into compliance.
(Ord. 2008-001, passed - -2008; Ord. 2021-021, passed - -2021)