(A) Applicability. Any person who uses property in violation of the unified development ordinance of the city shall be deemed to have committed a civil zoning violation and may be issued a citation by City Code Enforcement.
(B) Citation and fine. Each day a violation remains uncorrected is a distinct and separate civil zoning violation subject to an additional citation and fine in the amount prescribed below, provided a warning ticket has first been issued pursuant to § 10.2.
(1) Any person held liable by a court of competent jurisdiction for a violation of the unified development ordinance of the city shall be fined not less than $100 and not more than $2,500 for each violation.
(2) The monetary fine for each civil zoning violation shall range from $100 to $2,500 per day from the date of compliance requested by the Administrator in the notice of violation.
(C) Payment of fines. All fines prescribed by this section for civil zoning violations shall be paid to the Administrator, who shall render to the person making the payment a receipt stating the amount and purpose for which the fine has been paid, and duplicate of which shall be made a part of the records of the Plan Commission. All fines thus received shall be forwarded to the City Clerk-Treasurer for deposit in the General Fund.
(D) Accountability. 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 a violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(E) Cost of attorney, investigation and other fees. If the Board of Zoning Appeals or the city is required to utilize the services or the City Attorney or any other attorney in investigating a possible violation of this ordinance or in enforcing the provisions of this ordinance pursuant to this section or any other section, and the investigation results in a determination that a violation has occurred, or if the Board of Zoning Appeals or city is successful in its enforcement of the ordinance by way of suit, appeal or other appropriate proceeding; the respondent, defendant or party investigated for a violation shall pay the city’s reasonable attorney’s fees and all costs related to the investigation of the violation and/or the enforcement of this ordinance, unless the attorney fees or the costs are specifically waived by the Common Council of the city.
(F) Waiving fines. The Administrator may, at his or her discretion, waive the assessed fine for timely correction of the violation.
(Ord. 07-16, passed 12-10-2007)