(A) It shall be the duty of the Administrator and the town’s police force to enforce this chapter and to bring any violations or lack of compliance to the attention of the Town Attorney, who may file a complaint against the person and prosecute the alleged violation. Any person may enjoin a violation of this chapter by suit in a circuit or superior court of the county.
(B) The Board of Zoning Appeals may require the removal of a structure erected in violation of this chapter or the removal of any use or condition permitted in violation of this chapter by a mandatory injunction in the circuit court of the county against the owner or possessor of the real estate.
(C) A use which violates this chapter shall be treated as if it were a common nuisance, and the owner or possessor of the structure, land or premises upon which the use is maintained shall be liable for such nuisance.
(D) No improvement location permit or building permit required under the Uniform Building Code or this chapter shall be issued on any property subject to this chapter in violation of the provisions of this chapter.
(E) Notwithstanding anything contained in this chapter to the contrary and in addition to other provisions of this chapter, if the Board of Zoning Appeals or the town is required to utilize the services of the Town Attorney or of another attorney in investigating a possible violation of this chapter or in enforcing the provisions of this chapter before any board or court and such investigation results in a determination that a violation has occurred, or the Board of Zoning Appeals or the town is successful in its enforcement of this chapter by way of suit, appeal or other appropriate proceeding, then the defendant or party investigated for a violation shall pay the town’s reasonable attorney fees and other costs related to the investigation of the violation or the enforcement of this chapter unless such attorney fees or costs are specifically waived by the Town Council.
(F) As to any appeal from a decision of the Board of Zoning Appeals, costs may not be allowed against the Board of Zoning Appeals unless it appears to the court that the Board acted with gross negligence or in bad faith in making the decision brought up for review.
(G) The Administrator, his or her staff and any person or persons assisting the Administrator in the application and enforcement of this chapter are hereby authorized to go onto private property for the purpose of conducting inspections required by this chapter or by any order of the Plan Commission or the Board of Zoning Appeals and as required to determine if this chapter is being violated or to enforce this chapter. Such inspection or inspections shall occur at reasonable times and shall be conducted in a manner so as not to disturb the peace.
(Ord. 2002-5, passed 7-2-2002; Ord. 2009-1, passed 7-7-2009)