Loading...
(A) Zoning districts lying within the boundaries of the historic district are subject to regulations for both the zoning district and the historic district.
(B) If there is a conflict between the requirements of the zoning district and the requirements of the historic district, the more restrictive requirements shall apply.
(Ord. 10-12, passed 7-12-2010)
In the ordinance approving the establishment of a historic district, the city may exclude changes in paint colors from the activities requiring the issuance of a certificate of appropriateness under § 97.07 of this chapter before a permit may be issued or work begun.
(Ord. 10-12, passed 7-12-2010)
(A) An interested party (as defined in § 97.02) has a private right of action to enforce and prevent violation of provisions of this chapter or an ordinance adopted by the city under this chapter, and with respect to any building, structure or site within a historic district, and has the right to restrain, enjoin or enforce by restraining order or injunction, temporarily or permanently, any person from violating a provision of this chapter or an ordinance adopted under this chapter.
(B) The interested party does not have to allege or prove irreparable harm or injury to any person or property to obtain relief under this section.
(C) The interested party bringing an action under this section does not have to post a bond unless the court, after a hearing, determines that a bond should be required in the interest of justice.
(D) The interested party that brings an action under this section is not liable to any person for damages resulting from bringing or prosecuting the action unless the action was brought without good faith or without a reasonable belief that a provision of this chapter, or an ordinance adopted by a unit under this chapter had been or was about to be violated.
(E) An interested party who obtains a favorable judgment in an action under this section may recover reasonable attorney’s fees and court costs from the person against whom judgment was rendered.
(F) An action arising under this section must be brought in the Circuit or Superior Court of the county in which the historic district lies and no change of venue from the county shall be allowed in the action.
(G) The remedy provided in this section is in addition to other remedies that may be available at law or in equity.
(Ord. 10-12, passed 7-12-2010)
(A) Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer or otherwise, who violates any provision of this chapter shall be subject to a fine as follows, for each offense:
(1) Not less than $10 nor more than $2,500 for demolition; and
(2) Not less than $10 nor more than $300 for all other offenses.
(B) Each day of the existence of any violation of this chapter shall be a separate offense.
(C) The erection, construction, enlargement, alteration, repair, demolition, color change, moving or maintenance of any building, structure or appurtenance which is begun, continued or maintained contrary to any provisions of this chapter is hereby declared to be a nuisance and in violation of this chapter and unlawful. The city may institute a suit for injunction in the Circuit Court or Superior Court of the county to restrain any person or government unit from violating any provision of this chapter and to cause the violation to be prevented, abated or removed. That action may also be instituted by any property owner who is adversely affected by the violation of any provision of this chapter.
(D) The remedies provided for in this section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(E) Any person or party aggrieved by a decision or action taken by the Commission shall be entitled to a judicial review hereof in accordance with I.C. 4-21.5-5.
(Ord. 10-12, passed 7-12-2010)