(A) Whenever a violation of this chapter occurs, other than a violation of § 151.22 occurs or is alleged to have occurred, any person may file a written complaint. The complaint stating fully the causes and basis thereof shall be filed with the Board. The Board shall properly record the complaint and immediately investigate. If acts elicited by the investigation are sufficient to establish a reasonable belief that a violation has occurred on the part of the party investigated, the Board shall provide written notice to any alleged violator and thereafter may file or cause to be filed a complaint against the person as provided by this chapter and in accordance with law.
(B) Whenever a violation of § 151.21 occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Knox County Auditor. The Knox County Commissioners shall properly record such complaint and immediately investigate. If acts elicited by such investigation are
sufficient to establish a reasonable belief that a violation has occurred on the part of the party investigated, the Knox County Commissioners shall provide written notice to any alleged violator and thereafter may file or cause to be filed a complaint against such person as provided by this chapter and in accordance with law.
(C) Any buildings erected, raised or converted, or land or premises used in violation of this chapter or regulation thereof is hereby declared to be a common nuisance and the owner thereof shall be liable for maintaining a common nuisance, which may be restrained or enjoined or abated in any appropriate action or proceeding.
(D) The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, realtor, agent or other person who commits, participates in, assists in or maintains the violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(E) The Board, or the Knox County Commissioners with respect to violations of § 151.22, may institute a suit or injunction in the Circuit or Superior Court of the county to restrain any person from violating this chapter. If the Board or the Knox County Commissioners are successful in its suit, the respondent shall bear the costs of the action including reasonable attorney’s fees.
(F) The Board or the Knox County Commissioners with respect to violations of § 151.22 may institute a suit for mandatory injunction directing a person to remove a structure erected in violation of this chapter or to make the same comply with its terms. If the Board or the Knox County Commissioners are successful in its suit, the respondent shall bear the costs of the action including reasonable attorney’s fees.
(G) Nothing herein contained shall prevent the county or other unit of local government from taking such other lawful action as is necessary to prevent or remedy any violation.
(H) Any person who violates this chapter or fails to comply with any of its requirements, including but not necessarily limited to, violations of conditions and safeguards established in connection with this chapter, shall be fined a sum of at least $500, but not more than $2,500 for the first violation of this chapter, and not more than $7,500 for a second or subsequent violation of this chapter.
(I) Each calendar day a violation remains uncorrected it is a distinct and separate ordinance violation subject to an additional citation and fine in the amount prescribed.
(Ord. 8-2014, passed 7-21-2014)