(A) It shall be the duty of the Building Commission and/or Police Chief/Town Marshal to enforce these regulations and to bring any violations or lack of compliance to the attention of the Town 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 of LaPorte, enjoin the violation of this chapter.
(C) Removal/discontinuance of uses in violation. The Board of Zoning Appeals by mandatory injunction in the circuit court of LaPorte 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 such nuisance.
(E) Daily violation and fines. Any person whether owner 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 circuit court of LaPorte County and upon judgement finding such violation, be fined in accordance with § 154.999.
(F) No improvement location permit or building permit required under the Building Code of the town shall be issued on any property subject to this chapter in violation of the provisions of this chapter.
(G) Recapture of enforcement fees. Notwithstanding anything contained in this chapter to the contrary or appearing to be contrary, and in addition and supplementary to other provisions of this chapter, if the Board of Zoning Appeals or the town is required to utilize the services of the Town Attorney or any other attorney in investigating a possible violation of this chapter or enforcing the provisions of the chapter pursuant to § 154.006(C), (D) or (E), or any other section, before any board or court (including appeals), and such investigation results in a determination that a violation has occurred or if this Board of Zoning Appeals or Town Council is successful in its enforcement of this chapter by way of suit, appeal or other appropriate proceeding, the respondent, defendant, or party investigated for a violation shall pay the town its reasonable attorney fees and all cost related to the investigation of the violation and/or the enforcement of this chapter, unless such attorneys fees or costs are specifically waived by the Town Council of the town.
(H) Costs on appeal. As to any appeal from a decision of the Board of Zoning Appeals, cost 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) Right of private property access for inspection. The Building Commission, Police Chief/Town Marshal, and staff or any person or persons assisting the Building Commission or Police Chief/Town Marshal in the application and enforcement of this chapter is hereby authorized to go onto private property for the purpose of conducting inspections required by this chapter or any order of the Plan Commission and Board of Zoning Appeals, or to enforce this chapter. Such inspection or inspections shall occur at reasonable times and shall be conducted in a manner not to disturb the peace.
(Ord. 0203, passed 6-10-02; Am. Ord. 2017-01, passed 3-13-17)