(a) Zoning Administrator. The City shall provide for the enforcement of this Ordinance by appointing a Zoning Administrator, who shall, jointly with other designated personnel, have the right to enforce the provisions of this Code which may include withholding applicable approvals for noncompliance or violation, including withholding issuance of the certificate of completion if any or all required site improvements are not completed. The Zoning Administrator shall not have authority to grant approval of any action that does not meet the requirements of the Zoning Code.
(b) Violations.
(1) Any building, structure, use or condition that exists or is erected, altered, converted, or maintained in violation of this Code shall be subject to a minimum penalty of five hundred dollars ($500.00). Continuance of a violation shall be considered a separate and distinct offense for each day the violation is continued. Furthermore, such building, structure, use or condition that is in violation of this Code is not eligible for a variance or other zoning action and will be subject to fines until the building, structure, use or condition is brought into compliance.
(2) Any person or entity that violates any provision of this Code or fails to comply with the requirements thereof shall be subject to a minimum penalty of five hundred dollars ($500.00) for each violation and, in addition, all costs and expenses related to that case. Continuation of any violation of this Code shall be considered a separate and distinct offense for each day any such violation is continued. The owner, lessee, agent, or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties provided. Nothing contained in these provisions shall prevent the City from taking such other lawful action as necessary to prevent or remedy any violations.
(c) Enforcement of Violations. When the Zoning Administrator finds that any provision of this Code is being violated, he/she shall execute the following procedures:
(1) The Zoning Administrator or designee may obtain a warrant to enter private property in the enforcement of this Ordinance; provided, if permission is granted by the property owner or tenant, such warrant shall not be needed.
A. Notice of violation. Whenever the Zoning Administrator or designee shall find that there is a violation of the provisions of this Code, he shall serve notice to the owner and occupant of the premises to comply with the relevant provisions. It shall be sufficient notification if the notice is delivered to the person to whom it is addressed or deposited in the United States mail, properly stamped, certified and addressed to the address listed on the property tax rolls.
B. Failure to comply with notice. If the person to whom the violation notice is directed fails or neglects to comply with the provisions of this section within fifteen (15) days after the notice has been received, or within twenty (20) days after a copy of the notice has been deposited in the United States mail, that person shall be considered in violation of this section and subject to the penalties set forth in this Code.
C. Property subject to abatement of conditions. It shall be unlawful for any owner, agent or occupant of any lot, parcel or tract of land which is subject to the provisions of this Code to permit the conditions set forth in this section to exist or continue after receiving notice. It shall be the duty of the owner, agent or occupant of any such lot, parcel or tract in violation of the provisions of this Code to abate the unlawful condition.
(2) If any person, owner, agent or occupant of property shall fail to comply with a written notice of violations(s) or shall fail to correct a violation thereof within the time period specified, the Zoning Administrator may:
A. Enter an administrative order directing compliance with the provisions of this section and any and all other applicable statutes, laws, and ordinances;
B. Board up the premises in order to make it inaccessible for habitation;
C. Commence an action in a court of competent jurisdiction for injunction, mandamus or abatement or discontinuance of violations of the provisions of this Code or other ordinances of the City of Lorain;
(3) If a violation of this Code is not corrected within the time period provided, enforcement officials are authorized to enter upon such property and correct or abate such violations or take such other action as may be reasonably necessary to remove the threat to the public health, safety and welfare. All costs incurred in such action, including, but not limited to, inspection, administration, labor and equipment costs, court costs and attorney's fees, shall become a lien on the subject property and shall be collected in the same manner as taxes are collected.
(4) The remedies provided in this section are not mutually exclusive and shall be cumulative to other remedies provided in this Code and to any other remedy provided at law or in equity.
(5) In case any building is erected, constructed, reconstructed, altered, converted, or maintained or any building, structure, or land is or is proposed to be used in violation of this Code, the Zoning Administrator, or other appropriate authority of the City of Lorain, may, in addition to other remedies, institute injunction, mandamus, or other appropriate action of proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation, structure or land.
(6) Any subdivision of property conducted for the purpose of fraudulently circumventing this Code shall be considered void and the provisions of this Code shall apply.
(d) Complaints Regarding Violations. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a written and signed complaint with the Zoning Administrator stating fully the causes and basis for the complaint. Upon receiving the complaint, the Zoning Administrator shall investigate the complaint, take whatever action is warranted.
(e) Persons Liable for Violations. The owner, tenant, or occupant of any building or land or part thereof and any architect, engineer, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Code may be held responsible for the violation and suffer the penalties and be subject to the remedies provided in this chapter.
(Ord. 4-21. Passed 1-4-21.)