(A) Suit for injunction. The Plan Commission, the Board of Zoning Appeals, the Zoning Administrator, or any designated enforcement official, or any person or persons, firm or corporation jointly or severely aggrieved, may institute a suit for injunction in the Circuit Court of Steuben County, Indiana to restrain an individual or a governmental unit from violating the provisions of the ordinance. The Plan Commission or the Board of Zoning Appeals may also institute suit for mandatory injunction directing an individual, a corporation, or a governmental unit to remove a structure erected in violation of any provision of this chapter or the requirements thereof is declared to be a common nuisance and as such may be abated under existing law.
(B) Remedies. In proceeding to enforce an ordinance, a violation must be proven by a preponderance of the factual evidence and the administrative body may not impose a penalty other than a fine, not to exceed $2,500 in aggregate, for an ordinance violation.
(1) The Plan Commission, the Board of Zoning Appeals or the Zoning Administrator may, by securing a mandatory injunction in the Circuit Court of the County, require the removal of a structure erected in violation of this chapter.
(2) A use that violates any provision of this chapter is declared to be a common nuisance and as such may be abated under existing law.
(3) When the Zoning Administrator determines that reasonable grounds to believe that a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such violation to the person or persons responsible. Such notice shall:
(a) Be in writing;
(b) Include a list of violations found;
(c) Allow reasonable time for correction of the violations found; and
(d) Be served upon the owner or his/her agent, or the occupant as the case may require. Such notice shall be deemed properly served if a copy is served upon him/her personally or if a copy is
sent by registered mail to his/her last known address, or if service is effected by a method authorized under the laws of the state.
(4) Should violations not be remedied within the time allowed, the Zoning Administrator may use a stop work order to halt further progress until the violations are remedied.
(5) If construction or placement of any structure or building, mobile home, etc., which requires a permit has begun without a permit, a stop work order shall be placed on the construction and not be removed or covered until a proper permit is issued.
(6) In accordance with I.C. 36-7-4-1014(f), if the Plan Commission or any designated enforcement official is successful in an action brought to enforce this chapter, the respondent shall bear the cost of the action.
(7) Upon presentation of proper credentials, the Zoning Administrator or his duly authorized representative may enter at reasonable times any property in the town and its jurisdictional areas, to perform any duty imposed upon him or any function necessary, for the enforcement of this chapter.
(‘88 Code, § 10-2-4) (Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 98-8, passed 8-31-98)