(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: