(A) Complaints. Whenever a violation occurs, or is alleged to have occurred, any person may cite a written complaint. The complaint stating fully the causes and basis thereof shall be filed with the Planning and Zoning Administrator or his or her designee.
(B) Investigation. The Administrator shall properly record the complaint and immediately investigate. The Administrator may inspect the property in question from the right-of-way, from an adjacent property with permission of that property owner, and from the property suspected of violation once the Administrator has presented sufficient evidence. 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 Administrator shall proceed with the remedies for civil zoning violations as set forth in this chapter.
(C) Authority of Administrator to institute action. In case any building or structure is, or is intended to be erected, constructed, reconstructed, altered or converted, or any building structure or premises is, or is intended to be used in violation of, or contrary to the provisions of this ordinance, the Administrator is hereby authorized, in addition to other remedies set forth in the statutes of the state and in this ordinance, to institute an action to enjoin or to take any other appropriate action or proceeding in order to prevent erection, construction, alteration, conversion or use.
(D) Court ordered entry. In the event that the owner or occupant of the premises refuses to permit entry to the Administrator or inspectors when entry is sought pursuant to this section, the Administrator may petition any judge of the City Court, or any other court of jurisdiction, 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 ordinance 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 Administrator or inspectors for the purposes stated therein.
(E) Common nuisances. Any building erected, raised or converted, or land or premises used in violation of any provision of this ordinance, 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 under existing law.
(Ord. 07-16, passed 12-10-2007)