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(A) The designated staff, pursuant to § 154.14, shall be responsible for the enforcement of this chapter. Additionally, all departments, officials and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this chapter. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.
(B) Violation and penalty. Any building erected, raised or converted, or land or premises used in violation of any provisions of this chapter is declared to be a common nuisance, and the owner of such building, land or premises shall be liable for maintaining a common nuisance. Persons violating any provisions of this chapter or amendment or supplement thereto shall be subject to the penalties and actions set forth in § 154.19.
(1) Any person or corporation who violates or fails to comply with any provisions of this chapter shall be subject to penalties prescribed hereunder. Each day such a violation exists shall constitute a separate offense. Each separate offense shall be subject to court costs and the following fines as determined by the severity of the offense:
(a) Not less than $10, nor more than $10,000 for demolition.
(b) Not less than $10, nor more than $50,000 for all other offenses.
(2) The erection, construction, enlargement, alteration, repair, demolition, color change, moving, maintenance of any building, structure or appurtenance which is begun, continued or maintained contrary to the provisions of this section is declared to be a nuisance and in violation of this section and unlawful. The city may institute a suit for injunction in a court of appropriate jurisdiction to restrain any person or corporation or governmental unit from violating any provision of this chapter and to cause such violation to be prevented, abated or removed. The action may also be instituted by any property owner who is aversely effected by a violation of any provision of this chapter pursuant to I.C. 36-7-11-21.
(C) The Plan Commission, the Board of Zoning Appeals, the specified individual in § 154.19, or the City Attorney may institute a suit for injunction to restrain an individual or a governmental unit from violating the provisions of this chapter. The Plan Commission or the Board of Zoning Appeals may also institute a suit for mandatory injunction directing an individual or a governmental unit to remove a structure erected in violation of the provisions of this chapter and if the Plan Commission or the Board of Zoning Appeals is successful in its suit, the respondent shall bear the cost of the action.
(Ord. 99-14, passed 12-20-99; Am. Ord. 16-2003, passed 11-17-03)