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The applicant with a rezoning petition may make written commitments regarding the characteristics of the proposed future use of, or the resolution of outstanding issues in existence on the subject property consistent with I.C. 36-7-4-613 which, if accepted by the Area Plan Commission, must be recorded by the applicant prior to application for an improvement location permit.
(A) Origin of commitments. Written commitments may be proposed by the applicant as an element of the initial submittal of application materials, as a response to comments made by the Technical Advisory Committee, or in response to any modifications requested by the Plan Commission.
(B) Consideration of commitments. Any commitments shall be considered by the Technical Advisory Committee and/or the Plan Commission at the time of their review of the application.
(C) Filing of commitments. Following final action being taken on the development plan application, the written commitments shall be documented by the Planning Director. A copy of the commitments shall be maintained by the Planning Director for the records of the Plan Commission.
(D) Enforcement of commitments. The written commitments shall be considered part of this chapter binding on the subject property.
(1) Successors in interest. The written commitments shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in the subject property or any portion of the subject property.
(2) Enforcement. The written commitments shall be enforceable by the Plan Commission as if they are a part of this chapter, consistent with the provisions of §§ 156.115 et seq.
(3) Modification. The written commitments may be modified by the Plan Commission only through the development plan process described by this subchapter.
(Ord. 2007-1B, passed 2-5-07)
Cross reference:
Enforcement and penalties, see §§ 156.115 et seq.
Notice of public hearing, see § 156.101
(A) The following procedure applies to improvement location permits for signs only (sign permits).
(B) Sign permit review for permanent signs. The following procedure applies to permanent sign permit review. Sign standards are contained in §§ 156.085 et seq.
(1) Application. Application for a permit shall be filed with the Planning Director and shall be accompanied by any information the Planning Director determines is necessary to assure compliance with this chapter, including but not limited to:
(a) Clear and legible drawings with descriptions showing the location of the sign which is the subject of the permit;
(b) An indication of all existing and anticipated signs on the same property and for the same business use;
(c) A dimensioned drawing showing the size of the sign face area and the height of the sign;
(d) Description of sign materials and colors;
(e) Type of illumination;
(f) Mounting details.
(2) Effect of sign permit issuance. A sign permit issued under the provisions of this section shall not be deemed to constitute permission or authorization to maintain an unlawful sign nor shall it be deemed as a defense in an action to remove an unlawful sign.
(3) Expiration. A sign permit shall become null and void if work has not been started within 30 days of the date the permit is issued or completed within 180 days of the date the permit is issued.
(Ord. 2007-1B, passed 2-5-07)
(A) Intent. The intent of the certificate of occupancy procedure is to coordinate building, planning, and engineering related issues and approvals into a single process and to better ensure the public safety and general welfare.
(B) The following procedure applies to certificates of occupancy.
(1) Certificate requirements. It shall be unlawful and in violation of this chapter for any builder or property owner to allow any improvement that requires an improvement location permit to become occupied or utilized prior to:
(a) Legally obtaining an improvement location permit;
(b) Successfully completing all required inspections, including the final inspection; and
(c) Obtaining a certificate of occupancy from the Planning Director.
(2) Inspection. Upon the completion of the work approved through an improvement location permit, the permit holder shall contact the Planning Commission Office and schedule a final inspection to verify the installation of improvements consistent with the requirements of this chapter.
(3) Certificate issuance. The Planning Director or designee shall issue the certificate of occupancy if the improvements comply with this chapter, the Subdivision Control Ordinance, and other applicable requirements. The Planning Director may also issue a limited or temporary certificate of occupancy at his/her discretion.
(Ord. 2007-1B, passed 2-5-07)
ENFORCEMENT AND PENALTIES
(A) Authority. The Plan Commission, Board of Zoning Appeals, Building Official, County Surveyor, and/or Planning Director (including their staff and/or designees) are designated to enforce the provisions, regulations, and intent of this chapter. All remedies and enforcement shall comply with the powers set forth in IC 36-7-4-1000 et seq. and all other applicable state laws.
(B) Violations. Complaints made pertaining to compliance with provisions of this chapter shall be investigated by the Planning Director. The Planning Director may include other officials, such as the County Surveyor, Building Official, County Sheriff, or any of their designees in the investigation. Action may or may not be taken depending on the findings of the investigation. The degree of action will be within the sole discretion of the Planning Director, and should reflect both what is warranted by the violation as well as a consistent approach to the enforcement of this chapter.
(C) Inspections. Investigations of property may be done by the Planning Director from a right-of-way, from adjacent property (with permission of that property owner), or from the property suspected of a violation once he/she has described the purpose of the inspection to the owner, tenant, or occupant at the time of the inspection.
(D) Entry. In order to execute inspections, the Director or inspectors shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out his, her or their duties in the enforcement of this chapter, unless the owner or occupant of the premises refuses to permit entry to the Director or inspectors when entry is sought pursuant to this section. In the event of this refusal, the Director may petition any judge of the Hancock Circuit or Superior Courts for the issuance of an administrative search warrant. The petition shall identify the premises upon which entry is sought and the purpose for which entry is desired. The petition shall state the facts giving rise to the belief that a condition which is in violation of this chapter on the premises, or that a violation in fact exists and must be abated, and that the condition or violation is not a lawful nonconforming use to the best of the affiant's belief. Any warrant issued pursuant to the petition shall order the owner or occupant to permit entry to the Director or inspectors for the purposes stated therein.
(E) Responsibility. The property owner shall be held responsible for all violations on his/her or their property.
(F) Types of violations. The following items shall be deemed violations of this chapter in response to which the Planning Director shall take all actions necessary to eliminate said violations using all authority granted to the Planning Director pursuant to this subchapter.
(1) Illegal structures. The placement, erection, and/or maintenance of a primary structure, sign, accessory structure(s) or any other element determined by the Planning Director not to be in conformity with the provisions or explicit intent of this chapter.
(2) Illegal use. Conducting a use or uses that do not comply with any element of the provisions or explicit intent of this chapter.
(3) Failure to obtain a permit. Failure to obtain an improvement location permit or other permits and approvals required by this chapter.
(4) Violation of stop-work-order. Proceeding with work after issuance of a stop-work-order or in violation of a memorandum of agreement, as described in § 156.116(B).
(5) Failure to comply with development standards. Any failure to comply with any element of the development standards and/or regulations of this chapter.
(6) Failure to comply with commitments. Any failure to comply with commitments or conditions made in connection with a rezoning, special exception, or variance; or other similar and documented commitment whether recorded or not.
(7) Failure to comply with permit requirements. Any failure to comply with the plans submitted and approved in order to obtain a permit.
(Ord. 2007-1B, passed 2-5-07)
Statutory reference:
(A) Stop-work orders. The Planning Director may place a stop-work-order on any land/property improvement process.
(1) Procedure. Stop-work orders shall be issued by written letter that shall state the nature of the violation and that the work and/ or any other illegal activity must stop immediately until the matter is resolved. If the property is occupied by someone other than the property owner, a copy of said stop- work order shall be provided to said occupant(s). This letter shall be posted in a conspicuous place and be delivered/mailed to the property owner.
(2) Reasons. Reasons for a stop-work order include, but are not limited to:
(a) Not complying with any element of the development standards and/or any regulation of this chapter or the Hancock County Subdivision Control Ordinance.
(b) Not obtaining an improvement location permit or any other required permit or approval prior to the construction or installation of any improvement for which an approval or permit is required by this chapter.
(c) Not completing structures or other improvements consistent with any approved improvement location permit, variance, special exception, or other approval.
(d) Not meeting the conditions or commitments of a special exception, variance, rezoning, or other approval whether recorded or not.
(e) Not meeting the conditions of a site development plan, planned unit development detailed plan, or written any commitment associated therewith.
(f) Illegal use or expansion of use of structures, or structures and land in combination.
(B) Memorandum of agreement. The Planning Director must meet with the person(s) served the stop-work order notice within seven days of any such meeting being requested. A memorandum of agreement shall be drafted stating the conditions by which construction or action may be resumed. This memorandum of agreement must be signed by the Planning Director and the property owner that is responsible for the violation.
(C) Appeals. Any stop-work order issued as a result of the enforcement of this chapter, may be appealed to the Board of Zoning Appeals. This appeal shall follow the provisions established for Administrative Appeals.
(D) Resumption of construction activity. The stop-work order shall be lifted and construction activity may resume upon either:
(1) The resolution of the violation(s) to the satisfaction of the Planning Director; or
(2) The execution of all tasks required by the memorandum of agreement.
(Ord. 2007-1B, passed 2-5-07)
Any violation of this chapter that presents an immediate risk to the health, safety, or welfare of the public or to property within the county may be corrected by the Planning Director, or a person, firm, or organization selected by the Planning Director without prior notice to the property owner or other person responsible for the violation.
(A) Immediate public risk violation defined. Immediate public risk violations shall include but not limited to:
(1) Obstructions. Signs, structures, landscaping or other materials placed in an easement, sight visibility triangle, or other non-public right-of-way in violation of this chapter;
(2) Distractions. Any sign, structure, landscaping, or other material located on private property that serves to distract or inhibit operators of motor vehicles on adjacent public streets, pedestrians, or other members of the general public; and
(3) Other threats. Any other immediate threat to public welfare as determined by any representative of Hancock County or of any participating town entity, or by the Board of Zoning Appeals based upon the advice and recommendation of the Plan Director.
(B) Seizure of materials. Any sign, structure, landscaping or other material that constitutes an immediate public risk violation may be seized by the Planning Director in a manner that results in the least amount of damage to the material or the property on which it is located under the circumstances.
(C) Notice of violation. The Planning Director shall provide notice to the owner of the property as listed in the records of the Auditor's Office. Office upon which the violation was located, or any discernible appropriate owner of materials placed within the right-of-way in violation of this chapter, by placing a notice in a conspicuous place on the property and by mailing a letter to that property owner.
(1) Notice time requirements. All notice letters shall be sent to the property owner via certified mail within 24 hours of the seizure. Any notice that is to be posted on the property shall be posted at the time the material is seized.
(2) Notice contents. The letter and posted notice shall include the following:
(a) A description of the materials seized;
(b) A citation of the section(s) of the chapter that were violated and the characteristic(s) of the violation that posed an immediate threat to public welfare;
(c) The address and phone number of the Planning Director and the name of the person to be contacted by the property owner to discuss the violation and request the return of the seized item(s); and
(d) Instructions describing how, where, and when the seized items may be claimed.
(D) Storage and retrieval of seized materials. The Planning Director shall store any sign, structure, landscape materials or other items seized in a secure location for a period of no less than 30 days from the date notice was mailed to the property owner. The property owner may claim the seized property at any time following its seizure upon the payment of the fine specified on the fee schedule and the establishment of a memorandum of agreement between the property owner and Planning Director regarding the future use of the item in a manner consistent with this chapter.
(E) Liability. Neither the Planning Director, Hancock County, nor any other official or entity involved in the seizure shall be liable for any damage to the seized materials or the property from which they were taken.
(Ord. 2007-1B, passed 2-5-07)
(A) General procedures. There shall be a minimum of a three step procedure for the prosecution of violations of this chapter. Intermediate steps, including additional notices of violation and extensions of time limits for compliance may be used by the Planning Director at his/her sole and unlimited discretion. However, the general procedure for all violations shall follow the minimum steps set forth below. The minimum steps are as follows:
(1) Notice of violation. The Planning Director shall issue a notice of violation to the person(s) committing, in whole or in part, a violation. The notice of violation is a warning to the violator(s) that a violation has been observed and that it must be corrected within a specified time frame from the date of the mailing.
(2) Notice of penalty for violation. The Planning Director shall issue a notice of penalty for violation to the person(s) committing, in whole or in part, a violation. The notice of penalty for violations is a citation that states the penalty for the violation. The notice of penalty for violation shall be mailed via certified mail, return receipt requested by the Planning Director. The person(s) in violation will have a specified number of days from the date of the mailing to pay all applicable penalty, and must correct the violation within the time period specified by the Planning Director or face additional penalty and/or any other enforcement action authorized by this chapter.
(3) Legal action. If the person(s) in violation refuses to pay the penalty, attorney's fees, court costs, and/or correct the violation within the time frame specified by the Notice of Penalty for Violation, the Planning Director may refer the violation to the Plan Commission attorney in order to pursue court action through the Circuit of Superior Court of Hancock County. Additional penalty and liens against the property may also be pursued until the matter is resolved.
(B) Monetary fines. Monetary fines may be imposed at the discretion of the Planning Director by issuance of the notice of fines for violations as set forth above.
(1) Multiple violations. Each day a violation exists shall constitute a separate offense.
(2) Fine amount. Each separate offense shall be subject to a maximum fine specified by the adopted fee schedule assessed on a per day basis from the date of compliance requested by the Planning Director in the notice of violation.
(a) In addition to any fine imposed, any person who initiates any activity that requires an improvement location permit without first obtaining such permit may be required to pay two times the normal amount of the permit fee as an additional fine, consistent with the adopted fee schedule.
(b) The amount of any fine shall be as determined by the Planning Director.
(3) Payment. The payment of any violation shall be by cash or cashiers check and shall be delivered to the Planning Director who shall forward the funds to the Clerk-Treasurer for deposit in the appropriate fund.
(a) The Planning Director shall issue a receipt to the person making the payment.
(b) The Planning Director may, at his/her discretion, waive the assessed fine for the timely correction of the violation.
(C) Appeals. Any person receiving a notice of violation and/or fine(s) for violation may appeal the violation and/or fine to the Board of Zoning Appeals. A written statement from the person in violation, either filing an administrative appeal consistent with § 156.104, shall be submitted to the Planning Director via certified mail at least three days prior to the date any fine and/or compliance is due.
(1) Fines. No additional fines shall accrue from the date of the appeal until the BZA has made a ruling as to the violation and/or fine.
(2) Additional notices. No additional notices will be issued by the Planning Director if the person(s) in violation has (have) submitted an appeal.
(D) Legal remedies. The Planning Director via the Plan Commission attorney may bring an action in the Circuit or Superior Court of Hancock County to invoke any legal, equitable, or special remedy, for the enforcement of any ordinance or regulation created under I.C. 36-7-4, and its subsequent amendments.
(1) Enforcement. Implementation of the legal remedies set forth above may be used to prosecute violations of the following:
(a) The zoning ordinance, subdivision control ordinance, sign code and any other requirements adopted separately by the Hancock County Commissioners or adopted by their reference in the zoning or subdivision control ordinance.
(b) All agreements with the Plan Commission or its designees that have been established as written commitments.
(c) All commitments made in accordance with I.C. 36-7-4 et seq.
(d) All conditions imposed in accordance with I.C. 36-7-4 et seq.
(2) Injunction. The Planning Director may bring an action in the Circuit or Superior Court of Hancock County to enjoin a person(s) from violating I.C. 36-7-4 et seq. or any ordinance adopted under I.C. 36-7-4 et seq.
(3) Removal of structures. The Planning Director may also bring an action in the Circuit or Superior Court of the County for a mandatory injunction, directing the property owner to remove a structure erected in violation of this chapter.
(4) Responsibility for prosecution expenses.
(a) A defendant/respondent shall reimburse the Office of the Planning Director all expenses associated with the prosecution of a violation of any provision of this chapter, including but not limited to any fines, attorney's fees, photocopying charges, mileage, hours, or portions thereof, devoted to said prosecution by the Planning Director or any employee of Hancock County and any other cost incurred directly or indirectly by any employee or elected official of Hancock County related to said prosecution.
(b) Documentation. Only those costs of enforcement that are documented by the Planning Director, and that have a relationship to the enforcement action shall be paid by the defendant/ respondent.
(5) Other parties eligible to seek enforcement. An action to enforce a written commitment made in accordance with I.C. 36-7-4 et seq. may be brought in the Circuit or Superior Court of the county by:
(a) Rules and procedures provisions. Any person who is entitled to enforce a commitment made in accordance with I.C. 36-7-4 et seq. under the rules and procedures of the Plan Commission or the Board of Zoning Appeals in force at the time the commitment was made; or
(b) Specified parties. Any other specially affected person who was designated in the written commitment.
(Ord. 2007-1B, passed 2-5-07)
DEFINITIONS
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