(A) An interested party as defined in § 151.011 has a private right of legal action to enforce and prevent violation of provisions of this chapter or an ordinance adopted by the city under this chapter, and with respect to any building, structure, or site within a local historic district or conservation district, and has the right to restrain, enjoin, or enforce by restraining order or injunction, temporarily or permanently, any person from violating a provision of this chapter or an ordinance adopted under this chapter.
(B) The interested party does not have to allege or prove irreparable harm or injury to any person or property to obtain relief under this section.
(C) The interested party bringing a legal action under this section does not have to post a bond unless the court, after a hearing, determines that a bond should be required in the interest of justice.
(D) The interested party that brings a legal action under this section is not liable to any person for damages resulting from bringing or prosecuting the action unless the legal action was brought without good faith or without a reasonable belief that a provision of this chapter, or an ordinance adopted by a unit under this ordinance, had been, or was about to be violated.
(E) An interested party, or the defendant, who obtains a favorable judgment in a legal action under this section may recover reasonable attorney fees and court costs from the person against whom judgment was rendered.
(F) A legal action arising under this section must be brought in the Circuit or Superior Court of the Allen County, Indiana and no change of venue from the county shall be allowed in the action.
(G) The remedy provided in this section is in addition to other remedies that may be available at law or in equity.
(Ord. G-06-08, passed 6-10-08)