(A) It shall be the duty of the Director to enforce the provisions of this chapter.
(B) The following shall constitute a violation of this chapter and be subject to the enforcement remedies and penalties provided by this chapter:
(1) The transfer or sale of any lot or parcel of land created by subdivision before such lot or parcel has been approved by the Commission;
(2) The division of any lot or parcel of land which was not completed in compliance with the requirements of this chapter;
(3) Use or development of property in a manner which does not conform to the approved subdivision or plat;
(4) Failure to correctly install or properly maintain the improvements required by this chapter, as shown on the approved plat or construction plans. Such improvements include, but are not limited to streets, sidewalks, water lines, sanitary sewer lines, drainage improvements, or signage;
(5) Altering, damaging, or removing any improvements required by this chapter;
(6) Failure to comply with a condition of approval;
(7) Breach of an executed improvement guarantee posted with the city;
(8) Act contrary to the provisions and requirements of this chapter; or
(9) Failure to comply with a Stop Work Order issued by the Director.
(C) Any activity considered a violation of this chapter is declared to be a common nuisance.
(D) A person acting as owner, agent, principal, lessee, contractor, engineer, surveyor, or otherwise who, either individually or in concert with another, acts contrary to the provisions and requirements of this chapter, shall be liable for violating this chapter and maintaining a common nuisance.
(E) No improvement location permit or building permit shall be issued for any lot or parcel of land that is not in compliance with the provisions of this chapter.
(F) Private covenants or agreements imposing standards different than those in this chapter shall not modify provisions of this chapter or impose an enforcement obligation on the Director or Commission.
(G) The owner, tenant, or occupant of any structure or land and any architect, engineer, surveyor, contractor, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies provided.
(H) The following process shall be followed by the Director when pursuing a violation of this chapter:
(1) The Director shall send written notice to the person responsible for the violation(s), and to the property owner of the property involved, indicating the nature of the violation and ordering the action necessary to correct it.
(2) If the violation(s) are not corrected, the Director shall send a written notice identified as being the final notice, and shall state what action the Director can take if the violation is not corrected. The notice shall indicate that an appeal may be filed to the Commission, and shall indicate the procedure for filing an appeal.
(3) In all violation notices, a reasonable time period shall be allotted for compliance.
(4) If the violations are not corrected after the deadline provided for in the final notice, the Director may impose one or more of the remedies listed in § 156.27(I) .
(5) The Director may have the Department or City Attorney file a complaint against the person(s) responsible for the violation and prosecute the alleged violation.
(I) The Director may impose any one or all of the following remedies listed below for any violation of this chapter:
(1) A STOP WORK ORDER whereby all work on the subdivision and/or property shall cease at the time of posting. A written STOP WORK ORDER shall be sent to the property owner, contractor, or other appropriate individual as to what action is necessary to remove the STOP WORK ORDER. All corrective work or action necessary to release the STOP WORK ORDER shall be completed within the stated time limitation. Failure to adhere to this time limitation is a violation of this chapter.
(2) A revocation of any permit issued for work on the property.
(3) The Commission or Director may bring an action in the Circuit or Superior Court to invoke any legal, equitable, or special remedy for the enforcement of this chapter, or action taken under this Chapter. Further, an action may also seek the imposition of a penalty under IC 36-7-4-1018.
(4) Bring action for injunction in the Circuit or Superior Court. This action may seek to enjoin a person or entity from violating, or continuing to violate any provision of this chapter and maintaining a common nuisance. Further, it may seek the prevention, removal, or abatement of the violation.
(5) Any other remedy or penalty provided for herein, or by other applicable law.
(J) Any person found to be in violation of this chapter in an enforcement action brought under this chapter shall be responsible to pay reasonable costs and expenses, including attorney fees, incurred to the Commission or Department in connection with the prosecution of such action initiated by them.
(Ord. 14-C-00, passed 10-10-00)