(A) Enforcement and remedies; statement of purpose. This section is remedial and shall be construed in such a manner as to effectuate its purpose of promoting the public health, safety, comfort, morals, convenience and general welfare by enforcement of all zoning ordinances for all lands within unincorporated Lake County, Indiana.
(B) Jurisdiction.
(1) The Lake County Plan Commission of Lake County, Indiana may institute a suit for injunctive or monetary relief in the circuit or superior courts of Lake County; such suit is to be brought in the name of and captioned as “The Lake County Plan Commission of Lake County, Indiana,” versus the person, persons or entity charged with violating the provisions of any zoning ordinance or land use regulations of unincorporated Lake County, Indiana.
(2) The Lake County Plan Commission may also institute a suit for mandatory injunction directing a person, persons or entity to remove any structure erected in violation of any zoning ordinances or land use regulations of unincorporated Lake County, Indiana.
(3) Any structure erected, raised, or converted, or land or premises used in violation of any zoning and land use ordinance of unincorporated Lake County, Indiana, shall and hereby is declared to be a common nuisance and the owner or possessor of the structure, land, or premises shall be liable for maintaining a common nuisance pursuant to I.C. 36-7-4-1012.
(4) In addition to the above remedies, the Lake County Plan Commission may pursue prosecution of any common nuisance violation in accordance with I.C. 36-7-4-1013, I.C. 36-7-4-1014, I.C. 36-7-4-1015, or I.C. 36-7-4-1018.
(C) Inspection of property; right of entry.
(1) The Commission, their duly authorized planning staff or law enforcement officers are authorized to make inspections of all lands located within unincorporated Lake County in order to enforce all zoning ordinances and land use regulations of unincorporated Lake County, Indiana.
(2) In order to execute inspections, the Commission, their duly authorized planning staff, or law enforcement officers shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out his/their duties in the enforcement of zoning ordinances and land use regulations of unincorporated Lake County, Indiana, unless the owner or occupant of the premises refuse to permit entry to the Commission, their duly authorized planning staff, or law enforcement officers when such entry is sought pursuant to this section. In the event of such refusal, the Commission, their duly authorized planning staff, or law enforcement officers may make application to any judge of the circuit or superior courts of Lake County, Indiana, for the issuance of an administrative search warrant. Such application shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts giving rise to the belief that a condition which is a violation of a zoning ordinance or land use regulation of unincorporated Lake County, Indiana, exists on such 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 such application shall order such owner or occupant to permit entry to the Commission, their duly authorized planning staff, or law enforcement officers for the purposes stated therein. In no event shall the Commission, their duly authorized planning staff, or law enforcement officers have the right to enter a residential structure or other structures not open to the public without the permission of the owner or occupant and/or an administrative search warrant first obtained. Prior to entering such residential structure or other structure not open to the public, the Commission, their duly authorized planning staff, or law enforcement officers shall advise the owner or occupant that such owner or occupant is not required to grant entry without the presentation of an administrative search warrant.
(D) Stop-work order.
(1) The Commission or their duly authorized planning staff is empowered to issue an order requiring the suspension of land improvement of any kind when any of the following circumstances exist:
(a) Site improvement is occurring without a building and zoning permit or any other permit required by the zoning ordinance having first been obtained;
(b) Site improvement is occurring in violation of the terms or conditions of any zone change, special exception, or variance granted under the advisory planning law as contemplated by I.C. 36-7-4; in violation of covenants made in connection with the platting of a subdivision that is approved by the Commission; in violation of commitments made in accordance with I.C. 36-7-4-600 et seq. or I.C. 36-7-4-900 et seq.; or in violation of the terms, conditions or provisions of any provision of the Lake County Zoning Ordinance.
(2) The stop-work order shall be posted on the property in a conspicuous place, or personally delivered to the owner, possessor, person in charge, or person causing the violation and state the conditions under which construction or other activity may be resumed. The Commission or their duly authorized planning staff or their duly authorized designee shall attempt to meet with the recipient of a stop-work order upon request to explain the conditions under which construction or other activity may be resumed.
(3) The designated enforcement entity may pursue all remedies allowed by this section to enforce any stop-work order. Enforcement activity may be pursued against owner, possessor, person in charge, person causing the violation, or combination thereof.
(E) Violations of zoning ordinance.
(1) It shall be unlawful for any person who is the owner or contract vendee of, or who has a possessory interest in, real property located in unincorporated Lake County to cause, suffer or allow any of the following civil zoning violations to occur on such property:
(a) The location, erection, or maintenance of any sign not specifically permitted by § 154.038;
(b) The failure to obtain a building and zoning permit when one is required by the terms and provisions of this section;
(c) The outdoor storage of junk, trash, or debris in any zoning district, the provisions of which do not specifically permit such a use;
(d) The storage of inoperable or abandoned vehicles or vehicle parts in any zoning district the provisions of which do not specifically permit such a use;
(e) The parking or storage in any zoning district, the provisions of which do not specifically permit such a use, of any vehicle used or designed: (a) for use in pulling, towing, hauling, transporting, or (b) as a temporary or permanent base, platform or support for equipment, machinery, materials or other goods. This provision shall include but not be limited to school buses, buses used for public transportation, stake body trucks, dump trucks, trucks or tractors having dual rear wheels or more than two axles, semi-trailer tractors, semi-trailers and trailers having dual rear wheels or more than one axle or having an overall length of more the 12 feet;
(f) The storage or display of merchandise or goods in any zoning district, the provisions of which do not specifically permit such a use or are in violation of zoning district, the provisions of which do not decimally permit such a use;
(g) Lawns in subdivisions shall be manicured to a height no taller the eight inches and shall be free from excessive litter or excreta;
(h) Bushes, trees, shrubs, and the like located in subdivisions shall be maintained and cut so as not to grow into or obstruct any public way or place, including sidewalks, alleys, or parkways;
(i) Swimming pools shall be maintained and be free from stagnant water to avoid any possible insect or rodent manifestation;
(j) Vehicles in subdivisions shall not be parked in front yards except for areas that have been properly designated by the Lake County Plan Commission as an approved driveway;
(k) All garbage, trash, and refuse shall be properly stored and contained and shall only be placed in a county right-of-way within 48 hours of the time of collection;
(l) Gutters on residential structures in subdivisions, including accessory buildings, shall be maintained so that they are properly attached to the structure and remain functioning free from weeds and debris;
(m) Residential structures in subdivisions shall be maintained to prevent unsightly appearance of chipping or peeling paint or brick or siding which is in disrepair;
(n) The conduct of any activity in a residential zoning district, not specifically enumerated as a permitted primary or accessory use in that zoning district and which activity has not been legally established by a currently valid variance, special exception or other approval;
(o) Failure to comply with zoning district development standards, including but not limited to landscaping, paving or striping of parking areas, minimum parking space requirements, certain enclosures, fencing or screening requirements;
(p) Failure to comply with the terms, provisions, conditions or commitments of a variance, special exception, rezoning ordinance, or any other approval or provision of this section;
(q) Violation of any other provision of the Unincorporated Lake County Zoning Ordinance.
(2) Each day of the existence of any violation shall be deemed a separate offense. If the violation remains uncorrected each offense may be prosecuted at the discretion of the enforcement authority.
(3) The provisions of this section may be enforced by any and all duly authorized employees of the Lake County Plan Commission.
(4) Enforcement may be accompanied by the issuance of a letter to the owner, contract purchaser or vendee, tenant, or anyone having a possessory interest in the real property where the violations occurred allowing a maximum of 15 days to correct the stated violations and bring the property into compliance.
(5) If the violation remains after 15 days notice as provided in division (4) above, enforcement may be accompanied by the issuance of a citation to the owner, contract purchaser or vendee, tenant, or anyone having a possessory interest in the real property where the violation occurred. Said citation shall be written on documents approved by the Lake County Plan Commission and contain:
(a) Name of the department and official writing the citation;
(b) Name and address of the owner or anyone having a possessory interest in the property in question;
(c) Address, including apartment or unit number, if applicable, of property for which citation is being issued;
(d) List of alleged violations of zoning ordinance;
(e) Notice advising that if stipulated violations are resolved at least five days prior to court date and compliance is confirmed by the official responsible for the citation, the Lake County Plan Commission will move for dismissal of said violation. Dismissal of said violation does not constitute a dismissal of any fines, penalties, or court costs which may have accrued;
(f) Notice of any deferral programs available to property owner or anyone having a possessory interest to assist in bringing the property where said violation has occurred into compliance.
(g) Nothing contained in this section shall prevent enforcement by injunction at the sole discretion of the Lake County Plan Commission of Lake County, Indiana.
(F) Civil zoning violations; citations; enforcement.
(1) lf an injunction is sought, the violator shall be responsible for all costs of prosecution as well as all penalties;
(2) If prosecuted as a common nuisance or citation, the penalty shall not be more than $2,500 for a first violation of the ordinance, nor more than $7,500 for a second or subsequent violation of the ordinance, as directed under I.C. 36-1-3-8;
(3) If a second or subsequent citation is issued for the same property, the citation shall not be dismissed as allowed under division (E)(5)(e) of this section. Citations may be served by leaving a copy of said citation posted on the property where the alleged violation has occurred or by mailing a copy of the violation via regular first class mail to the owner, contract purchaser, vendee, tenant, anyone having a possessory interest in the real property, or anyone deemed responsible by Lake County at the address according to the Real Estate Master File maintained by the Lake County Auditor or as listed on the property record card of the Lake County Assessor.
(4) In addition to the procedures listed herein, a person who has been cited for a violation of this zoning ordinance may elect to file a land use petition. The filing of a land use petition, or subsequent issuance of a variance, special exception, rezoning or other approval of the land use petition, shall not constitute a defense of any zoning violation which occurs prior to the issuance of the variance, special exception, rezoning or other approval.
(Ord. 2345, passed 7-12-2011; Ord. 2351, passed 11-22-2011; Ord. 2408, passed 8-13-2013)
Cross-reference:
Code Enforcement Fund, see § 37.146