(A) Procedure. A person who receives a citation may elect to stand trial for the offense by indicating on the citation his or her intent to stand trial and returning a copy of the citation to the issuing agency. The returned copy of the citation shall serve as notice of the person’s intent to stand trial, and additional monetary fines prescribed in § 10.7 shall be stayed upon receipt of the notice. The notice shall be given at least seven days before the date of payment set forth on the citation. On receipt of the notice of intention to stand trial, a lawsuit will be commenced by the City Attorney in a court of competent jurisdiction in the county. The matter shall be scheduled for trial, and a summons and order to appear shall be served upon the defendant.
(B) Failure to pay fines. If a person who receives a citation fails to pay the assessed fine by the date of payment set forth in the citation and fails to give notice of his or her intention to stand trial as prescribed in this section, the City Attorney may file a civil lawsuit as proscribed by applicable laws and seek penalties as prescribed in § 10.7.
(C) Court cost and fees. A person adjudged to have committed a civil zoning violation is liable for the court costs and fees. No cost shall be assessed against the enforcement agency in any such action.
(D) Burden. In proceedings before the court for a civil zoning violation, the Indiana Rules of Trial Procedure shall govern. The designated enforcement entity (BZA) has the burden of proving the civil zoning violation by a preponderance of the evidence.
(E) Relief or remedy. Seeking a civil penalty as authorized by this section does not preclude the city from seeking alternative relief from the court in the same action, or from seeking injunctive relief or other remedy in a separate action for the enforcement of this ordinance.
(F) Change of venue. A change of venue from the county shall not be granted in such a case, as provided in I.C. 36-7-4-1014.
(Ord. 07-16, passed 12-10-2007)