(A) General. Action on the violation of provisions of this chapter and rights of injunction against such violation shall be as set out below and shall also include any and all remedies set out under I.C. 36-7-4 and all acts amendatory thereto. Further, when the City Superintendent is informed of a violation of this chapter, he or she or his or her appointed agent shall notify the landowner of record, by personal service or certified mail, return receipt requested, at the address on file in the tax records of the office of the Auditor of the county, on whose land the violation exist and give the landowner ten days from the date of receipt of notice to eliminate the violation. If the landowner is making continuous and steady progress on elimination of the violation, the City Superintendent may allow a reasonable extension of time for achievement of compliance. Failure to comply with this section shall result in a fine in accordance with § 94-241 of this chapter with violations to be filed by the City Superintendent in the City Court. Violations may also be treated the same as any other violation of this chapter and can be enforced at the discretion of the Plan Commission or Board of Zoning Appeals. All other legal remedies provided by law shall also be available to the Plan Commission and the city.
(B) Penalties. Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall build, reconstruct or structurally alter any building or land improvement without the required permits and inspections, shall, for each and every violation of non-compliance, be guilty of a misdemeanor and, upon conviction, shall be fined not less than those sums listed under § 94-241 of this chapter and each day that such violation of non-compliance shall be permitted to exist shall constitute a separate offense.
(C) Remedies. The Plan Commission, the Board of Zoning Appeals, City Superintendent, Building Inspector, or any designated enforcement official, or any person or persons, firm or corporation, jointly or severally, may institute a suit for injunction in the Circuit or Superior Courts of the county to restrain an individual or government unit from violating the provisions of this chapter. The Plan Commission or Board of Zoning Appeals may also institute a suit for mandatory injunction directing an individual or corporation or a governmental unit to remove a structure erected in violation of the provisions and requirements of this chapter, or to enforce any other provision of this chapter, and said violation being declared to be a common nuisance and as such may be abated in such a manner as nuisances are now or may hereinafter be abated under existing law. The above remedies and penalties are cumulative and the Commission and Board shall have the option of taking any of the above actions it chooses without waiving the right to any other action available and shall also have the right to proceed with all other remedies that are available under the law.
(D) Stop work, restraining order, enforcement of stay.
(1) When the City Superintendent, Building Inspector or their authorized representative finds work is being performed that is not in compliance with the requirements of this chapter or issued permits, they shall immediately notify the person in charge of the work and the landowner of the violation(s). If, after notification of the violation(s), the work is not corrected or the violation(s) continue then, in addition to the penalties of subsection (A) above, a stop work order shall be issued. The stop work order shall be displayed prominently at the premises of the violation. All work shall stop immediately, except in the case where the Superintendent or Inspector has determined that stopping work would cause imminent peril to life or property. If so determined, then work may proceed until life and properly are no longer in imminent peril after which all work must cease. No work shall be performed except that which is necessary to correct the cause of the violation and then only after 48 hours notification to the Superintendent or Inspector, as the case may be that the necessary work to correct the violation is being taken. Only work on correction of the violation shall be allowed until a re-inspection can be performed. If work is proceeding after issuance of a stop work order in defiance of this section, the Superintendent or Inspector, as officers of the Plan Commission, may seek injunctive relief in any court of jurisdiction. A stop work order may be appealed to the Board of Zoning Appeals as an appeal under § 94-158 of this chapter.
(2) The Appellant, Board, City Council, City Superintendent, Building Inspector or any other resident of the city or buffer zone, may appeal any decision of the Board of Appeals to the Circuit or Superior Court of the county. The court may stay or uphold the decision of the Board, impose a permanent injunction or any other appropriate remedy allowed by law.
(3) Police power of the municipality may be used to give effect to any order of the City Superintendent, Building Inspector, Plan Commission or Board of Zoning Appeals until stayed or overruled by order of the Circuit or Superior Court of the county.
(E) Attorney’s fees. Notwithstanding anything contained in this chapter to the contrary or appearing contrary, and in addition and supplementary to other provisions of this chapter, if the Plan Commission, Board of Zoning Appeals, City of Martinsville, City Superintendent or Building Inspector is required to utilize the services of the Commission, Board or 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 such investigation results in a determination that a violation has occurred or if the Plan Commission, Board of Zoning Appeals, City Superintendent or Inspector 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 Commission’s, Board’s, Superintendent’s or Inspector’s or city’s reasonable attorney fees and all costs related to the investigation of the violation and/or the enforcement of this chapter, unless such attorney fees or costs are specifically waived by the City Council.
(F) Costs on appeal. As to any appeal from a decision of the Board of Zoning Appeals, the costs of appeal, including any investigation or transcripts, shall not be allowed against the Board of Zoning Appeals or city, unless the court makes a specific finding that the Board acted with gross negligence or in bad faith in making the decision brought up for review.
(G) Permits. No improvement location permit required by this chapter or building permit required under the city’s Building Code shall be issued on any property subject to this chapter in violation of the provisions of this chapter.
(H) Inspections. The City Superintendent, Building Inspector or their appointed agent(s) are hereby authorized to go onto private property for the purpose of conducting inspections required by this chapter or any order of the Plan Commission or Board of Zoning Appeals, or required to determine if this chapter is being violated, or required to enforce this chapter. Such inspection(s) shall occur at reasonable times and shall be conducted in a manner not to disturb the peace.
(Ord. 2001-1478, passed 11-19-2001)