(A) It shall be the duty of the Administrator to enforce these regulations and to bring any violations or lack of compliance to the attention of the City Attorney who may file a complaint against the person and prosecute the alleged violation.
(B) Any person may, by suit in a circuit or superior court of the county, enjoin the violation of this chapter.
(C) The Advisory Board of Zoning Appeals by mandatory injunction in the circuit court of the county against the owner or possessor of the real estate, may require the removal, of a structure erected in violation of this chapter, or the removal of any use or condition in violation of this chapter.
(D) A use that violates this chapter shall be treated as if it were a common nuisance, and the owner or possessor of the structure, land or premises upon which the use is maintained shall be liable for the nuisance.
(E) Any person whether owner and/or possessor, who shall violate, or who permits or allows a violation, of any of the provisions of this chapter, or who fails to comply therewith or with any requirements thereunder, or who shall build, reconstruct or structurally alter any building in violation of any detailed statement or plan submitted upon which an approval or grant is given under this chapter, shall, upon complaint filed in any court of the county and upon judgment finding the violation, be fined not less than $500 and not more than $1,000, and each day that the violation or non-compliance shall be permitted to exist, shall constitute a separate violation.
(F) No improvement location permit or building permit required under the Uniform Building Code or this chapter shall be issued on any property subject to this chapter in violation of the provisions of this chapter.
(G) Notwithstanding anything contained in this chapter to the contrary or appearing to be to the contrary, and in addition and supplementary to other provisions of this chapter, if the Board of Zoning Appeals or the city is required to utilize the services of the city attorney or any other attorney in investigating a possible violation of this chapter or enforcing the provisions of this chapter before any board or court (including appeals), 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 fees and all costs related to the investigation of the violation and/or the enforcement of this chapter, unless the attorney fees or costs are specifically waived by the City Council.
(H) As to any appeal from a decision of the Board of Zoning Appeals, costs may not be allowed against the Board of Zoning Appeals unless it appears to the court that the Board acted with gross negligence or in bad faith in making the decision brought up for review.
(I) The Administrator or any person or persons assisting the Administrator in the application, and enforcement of this chapter is hereby authorized to go onto private property for the purpose of conducting inspections required by the chapter or any order of the Plan Commission, Board of Zoning Appeals or the City Council, or required to determine if this chapter is being violated, or required to enforce this chapter. The inspection or inspections shall occur at reasonable times and shall be conducted in a manner so as not to disturb the peace.
(Ord. 614, passed 2-22-1999)