A. Civil Zoning Violation. Any person who uses property in violation of this Ordinance shall be deemed to have committed a civil zoning violation and may be issued a citation by the designated enforcement entity.
B. Citations for Civil Zoning Violations.
1. The Planning Director or his/her designee(s) may issue a civil zoning violation to a person who commits a civil zoning violation, the legal owner, the contract vendee, or any person or entity with a possessory interest in the real estate upon which the violation occurs, The citation may be served by personal service, by certified mail, or by placement in a conspicuous place on the property where the violation occurs and which shall serve as notice to a person that he or she has committed a civil zoning violation.
2. No citation shall be issued for the first offense unless the person who commits a civil zoning violation, or the legal owner, the contract vendee, or any person or entity with a possessory interest in the real estate upon which the violation occurs has been issued a warning ticket before the issuance of the citation to allow said person to correct the violation to come into compliance with the prescribed zoning Ordinance or regulations.
3. If the violation is determined by the Planning Director or his/her designee to be a threat to public health or safety, the Planning Director or his/her designee shall order the land use or activity to cease and desist immediately, regardless of whether a warning ticket or citation has been issued.
4. The warning ticket shall be in the form prescribed and approved by the Plan Commission.
5. The citation shall appear on serialized, designated form and be in the form prescribed by the Plan Commission.
C. Curing a Violation.
1. A person who receives a warning ticket or a citation may either choose to abate or deny the violation or file a petition for a variance, special exception, rezoning, or other means provided by this Ordinance to correct the violation, as prescribed herein.
2. A person who elects to file such a petition shall indicate this intent in writing to the issuing agency. A person shall have ten (10) working days after issuance of the warning ticket to file the petition, and additional monetary fines as prescribed herein shall be stayed upon the filing of such petition, as long as the violation does not continue. A person who files the petition within said time period shall pursue the petition in an expedited fashion.
3. If the petition is denied, withdrawn, or dismissed for want of prosecution, and the civil zoning violation continues at the real estate, then a lawsuit may be commenced by the designated enforcement entity in a court of competent jurisdiction in Johnson County, Indiana.
D. Appealing a Violation.
1. If a person believes that the warning ticket or citation received results from an incorrect interpretation of the Ordinance by a municipal official, the aggrieved person may file an administrative appeal of the decision for a hearing by the Board of Zoning Appeals. Said appeal shall be conducted in accordance with this Ordinance.
2. A person who elects to file such an appeal shall indicate this intent in writing to the issuing agency. A person shall have ten (10) working days after issuance of the warning ticket to file the appeal, and additional monetary fines as prescribed above shall be stayed upon the filing of such appeal, as long as the violation does not continue at the real estate.
3. A person who files the appeal within said time period shall pursue the appeal in an expedited fashion. If the Board of Zoning Appeals affirms the interpretation of this Ordinance which led to issuance of the warning ticket or citation, and the civil zoning violation continues at the real estate, then a lawsuit may be commenced by the designated enforcement entity in a court of competent jurisdiction in Johnson County, Indiana.
E. Failure to Cure Violations.
1. A person who received a citation may elect to stand trial for the offence by indicating on the citation his/her intent to stand trial and returning a copy of the citation to the Planning Director. The returned copy of the citation shall serve as notice of the person’s intent to stand trial, and the additional monetary fines prescribed herein shall be stayed upon receipt of the notice. On receipt of the notice of intention to stand trial, a lawsuit will be commenced by the City’s legal department in a court of competent jurisdiction in Johnson County, Indiana.
2. If a person who received a citation fails to pay the assessed fine within seventy-two (72) hours and fails to give notice of his/her intention to either file a petition as prescribed herein, file an appeal as prescribed herein, or stand trial as prescribed herein, the City’s legal department may file a civil lawsuit as prescribed by applicable laws and ordinances, and seek penalties as prescribed in this section.
3. A person adjudged to have committed a civil zoning violation is liable for the court costs and fees. No costs shall be assessed against the enforcement agency in any such action.
4. In proceeding before the court for a civil zoning violation, the Indiana Rules of Trial Procedure shall govern. The designated enforcement entity has the burden of proving the civil zoning violation by a preponderance of the evidence.
5. Seeking a civil penalty as authorized by this section does not preclude the City from seeking alternative relief from the court in the same action, or from seeking injunctive relief or other remedy in a separate action for the enforcement of this Ordinance.
6. A change of venue from Johnson County shall not be granted in such a case, as provided in Ind. Code § 36-7-4-1014.
F. Remedies and Penalties.
1. Each day a violation remains uncorrected is a distinct and separate civil zoning violation subject to an additional citation and fine in the amount approved by Common Council from time to time, provided a warning ticket has first been issued.
2. The monetary fine for each civil zoning violation shall be $50.00, except that for repeated civil zoning violation, the following fines shall apply:
Second citation: $ 75.00
Each Citation in Excess of Two: $100.00
3. All fines prescribed by this section for civil zoning violations shall be paid within seventy-two (72) hours to the Violations Clerk or his/her designee of the Ordinance Violations Bureau, who shall render to the person making payment a receipt stating the amount and purpose for which the fine has been paid and duplicate of which shall be made a part of the records of the Plan Commission. All fines thus received shall be deposited in accordance with law.