(A) (1) Any person, whether as principal, agent, owner, lessee, tenant, contractor, builder, architect, engineer, or otherwise, who violates any provision of this chapter shall pay a fine, as follows, for each offense:
(a) Not less than $25 nor more than $2,500 each day for demolition.
(b) Not less than $25 nor more than $1,000 each day for all other offenses.
(2) Each day of the existence of any violation of this chapter shall be a separate offense.
(B) 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 declared to be in violation of this chapter and unlawful.
(C) The town may institute a suit for injunction in the circuit court to restrain any person or governmental unit from violating any provision of this chapter and to cause such violation to be prevented, abated or removed. An action may also be instituted by any interested party 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) Every interested party has a private right of action to enforce and prevent violation of a provision of this chapter or an ordinance adopted under this chapter, and with respect to any building, structure, or site within a historic district, 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, as follows:
(1) The interested party does not have to allege or prove irreparable harm or injury to any person or property to obtain relief under this chapter.
(2) The interested party bringing an action under this chapter 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 under this chapter, had been, or was about to be violated or breached.
(3) An interested party who obtains a favorable judgment in an action under this chapter may recover reasonable attorney fees and court costs from the person against whom judgment was rendered.
(4) An action arising under this chapter must be brought in the circuit court of Lake County. No change of venue from the county shall be allowed in this action.
(F) The remedies provided in this chapter are in addition to other remedies that maybe available at law or in equity.
Statutory reference:
Private rights of action, see IC 36-7-11- 21