(A) The erection, construction, enlargement, alteration, repair, demolition, color change, moving, or major maintenance of any locally designated historic building, structure, site, or appurtenance which is begun, continued, or maintained contrary to any provisions of this chapter is hereby declared to be a nuisance and in violation of this chapter and unlawful.
(B) Stop work order.
(1) The Historic Preservation Commission, Commission Administrator, Department of Neighborhood Code Enforcement, or Allen County Building Department shall have the authority to issue an order for work on any building, structure, site, or appurtenance to be stopped, if the work is in violation of this chapter.
(2) Such a decision to issue a stop work order may be appealed to the Historic Preservation Commission, in accordance with the provisions of this chapter and the Commission's rules.
(3) The stop work order shall remain in effect until it is removed, rescinded, or revoked by the Commission.
(4) A violation of a stop work order shall be considered a violation of this chapter.
(C) Misdemeanor violations. Any person whether as principal, agent, owner, lessee, tenant, contractor, architect, engineer or other entity who commits a violation of this chapter, may be prosecuted as set forth in this chapter in Superior Court of Allen County, Indiana Misdemeanor and Traffic Division, for such a violation. Any such violation shall be subject to a fine of up to $2,500 for each offense. Each calendar day of the existence of a violation may be considered as a separate offense.
(D) Injunctive relief, abatement. The individual(s) or entities designated in this chapter may bring legal action for an injunction in the Circuit or Superior Court of Allen County, Indiana to enjoin any person whether as principal, agent, owner, lessee, tenant, contractor, architect, engineer or other entity from violating, or continuing to violate any provision of this chapter, and/or cause the violation to be resolved, removed, or abated. Such an action may also be initiated by any property owner aggrieved by the violation.
(E) Injunctive relief, removal of structure. The individual(s) or entities designated in this chapter may bring legal action in the Circuit or Superior Court of Allen County, Indiana for a mandatory injunction requiring the removal of a building, structure, sign, fence, and/or addition/enlargement to an existing structure erected or constructed in violation of this chapter.
(F) Payment of costs. Any person whether as principal, agent, owner, lessee, tenant, contractor, architect, engineer or other entity found to be in violation of this chapter as a result of any enforcement action shall be responsible to pay all applicable attorney fees, court costs, and other costs and expenses incurred in connection with the prosecution of the enforcement action.
(G) Each day of the existence of any violation of this chapter shall be a separate offense.
(H) The remedies provided for in this section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(I) Any person or party aggrieved by a decision or action taken by the Commission shall be entitled to a judicial review hereof in accordance with IC 4-21.5-5 (as may be amended).
(Ord. G-06-08, passed 6-10-08)