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The fees for all applicant costs incurred in this Zoning Code shall be established by City Council. No plan shall be accepted for filing and processing, as provided in this Zoning Code, unless and until the established filing fee is paid to the City.
The applicant shall be responsible for the expenses incurred by the City of Elyria in reviewing the plan or any modifications to the plan. Such expenses may include items such as the cost of professional services, including expenses and legal fees in connection with reviewing the plan, prepared reports, the publication and mailing of public notice in connection therewith, and any other reasonable expenses directly attributable thereto.
At the time of submitting a site plan to the Planning Commission for consideration, the applicant shall make a deposit in the office of the City Auditor in the amount equal to the estimated cost of the City's expenses.
(Ord. 98-176. Passed 8-3-98.)
The notice of any violation of this Zoning Code shall be as follows:
A. Whenever the Building Inspector determines that there is a violation of any provision of this Code, a notice of such violation shall be issued. Such notice shall:
1. Be in writing;
2. Identify the violation;
3. Include a statement of the reason or reasons why it is being issued and refer to the section of this Zoning Code being violated; and
4. State the time by which the violation shall be corrected.
B. Service of notice of the violation shall be as follows:
1. By personal service to the owner, tenant or the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person aged sixteen (16) years or older; or
2. By certified mail, and first class mail simultaneously, addressed to the person or persons responsible at the last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the first class mail envelope is not returned by the Postal Authorities with an endorsement showing failure of delivery; or
3. By posting a copy of the notice form in a conspicuous place on the premises determined to be in violation.
(Ord. 98-176. Passed 8-3-98.)
A. Whoever violates, disobeys or fails to comply with an order issued by the Building Inspector, or whoever constructs, modifies, alters, uses or occupies any structure or property, in violation of this Zoning Code, is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00), or imprisoned not more than thirty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
B. If, within one year of the date of the first offense, the offender has been convicted of or pleads guilty to another violation of this Zoning Code, the offender is guilty of a misdemeanor of the third degree, and shall be fined not more than five hundred dollars ($500.00), or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
C. The City of Elyria, the Mayor on behalf of the City of Elyria or any officer designated by the Mayor on behalf of the City of Elyria, or the City Law Director, may, in addition to the criminal remedies provided in this Zoning Code, file suit for injunction against any violation of this Zoning Code, or, if the violation has caused damages to the City of Elyria, for a judgment for damages, and any person, property owner or occupant of property who can show that the person, property owner or occupant of property has suffered harm or whose property has suffered harm as a result of violations of this Zoning Code, may file suit for injunction or damages to the fullest extent provided by law.
D. In the event of any building that is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land that is proposed to be used in violation of this Code, or any amendment or supplement hereto, the Mayor, the City Law Director, the Building Inspector or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, initiate proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation to prevent the occupancy of the said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(Ord. 98-176. Passed 8-3-98.)