(A) General procedures. Unless otherwise provided for by this chapter, there shall be a minimum of a three step procedure for the prosecution of violations of this chapter. Intermediate steps, including additional notices of violation and extensions of time limits for compliance may be used by the Administrative Officer at his or her sole and unlimited discretion. However, the general procedure for all violations shall follow the minimum steps set forth below. The minimum steps are as follows:
(1) Notice of violation. The Administrative Officer, or his or her designee, shall issue a notice of violation to the property owner(s) committing, in whole or in part, a violation. The notice of violation is a warning to the violator(s) that a violation has been observed and that it must be corrected within a specified time frame from the date of the mailing.
(2) Notice of penalty for violation. The Administrative Officer, or his or her designee, shall issue a notice of penalty for violation to the property owner(s) committing, in whole or in part, a violation. The notice of penalty for violations is a citation that states the penalty for the violation. The notice of penalty for violation shall be mailed via Certified Mail, return receipt requested by the Administrative Officer, or his or her designee. The property owner(s) in violation will have a specified number of days from the date of the mailing to pay all applicable penalty and must correct the violation within the time period specified by the Administrative Officer, or his or her designee, or face additional penalty and/or any other enforcement action authorized by this chapter.
(3) Legal action. If the property owner(s) in violation refuses to pay the penalty, attorney's fees, court costs, and/or correct the violation within the time frame specified by the notice of penalty for violation, the Administrative Officer may refer the violation to the Plan Commission attorney in order to pursue court action through a court of competent jurisdiction. Additional penalty, attorneys fees, and liens against the property may also be pursued until the matter is resolved.
(B) Monetary fines. Monetary fines may be imposed at the discretion of the Administrative Officer by issuance of the notice of fines for violations as set forth above.
(1) Multiple violations. Each day a violation exists shall constitute a separate offense.
(2) Fine amount. Each separate offense shall be subject to a maximum fine specified by the adopted Fee Schedule assessed on a per day basis from the date of compliance requested by the Administrative Officer in the notice of violation.
(a) In addition to any fine imposed, any property owner(s) who initiates any activity that requires an improvement location permit without first obtaining such permit may be required to pay two times (2x) the normal amount of the permit fee as an additional fine, consistent with the adopted Fee Schedule.
(b) The amount of any fine shall be as determined by the Administrative Officer.
(3) Payment. The payment of any violation shall be by cash or cashier's check and shall be delivered to the Administrative Officer who shall forward the funds to the Clerk-Treasurer for deposit in the appropriate fund.
(a) The Administrative Officer, or his or her designee, shall issue a receipt to the person making the payment.
(b) The Administrative Officer may, at his or her discretion, waive the assessed fine for the timely correction of the violation.
(C) Appeals. Any property owner(s) receiving a notice of violation and/or fine(s) for violation may appeal the violation and/or fine to the Board of Zoning Appeals. A written statement from the property owner(s) in violation, either filing an Administrative Appeal consistent with this chapter, shall be submitted to the Administrative Officer via Certified Mail at least three days prior to the date any fine and/or compliance is due.
(1) Fines. No additional fines shall accrue from the date of the appeal until the Board of Zoning Appeals has made a ruling as to the violation and/or fine.
(2) Additional notices. No additional notices will be issued by the Administrative Officer, or his or her designee, if the property owner(s) in violation has (have) submitted an appeal.
(D) Legal remedies. The Administrative Officer via the Plan Commission attorney may bring an action in a court of competent jurisdiction to invoke any legal, equitable, or special remedy, for the enforcement of any ordinance or regulation created under I.C. 36-7-4, as amended from time to time.
(1) Enforcement. Implementation of the legal remedies set forth above may be used to prosecute violations of the following:
(a) The Zoning Ordinance, Subdivision Control Ordinance, and any other requirements adopted separately by the Town Council or adopted by their reference in the Zoning or Subdivision Control Ordinance;
(b) All agreements with the Plan Commission or its designees that have been established as written commitments in recordable form;
(c) All commitments made in accordance with I.C. 36-7-4 et al; and
(d) All conditions imposed in accordance with I.C. 36-7-4 et al.
(2) Injunction. The Administrative Officer may bring an action in a court of competent jurisdiction to enjoin a property owner(s) from violating I.C. 36-7-4 et al. or any ordinance adopted under I.C. 36-7-4 et al.
(3) Removal of structures. The Administrative Officer may also bring an action in a court of competent jurisdiction for a mandatory injunction, directing the property owner(s) to remove a structure erected in violation of this chapter.
(4) Responsibility for prosecution expenses. A defendant/respondent shall reimburse the Office of the Plan Commission all expenses associated with the prosecution of a violation of any provision of this ordinance, including but not limited to any fines, attorney's fees, photocopying charges, mileage, hours, or portions thereof, devoted to said prosecution by the Administrative Officer or any employee of the town and any other cost incurred directly or indirectly by any employee or elected official of the town related to said prosecution. However, only those costs of enforcement that are documented by the Administrative Officer, and that have a relationship to the enforcement action shall be paid by the defendant/respondent.
(5) Other parties eligible to seek enforcement. An action to enforce a written commitment made in accordance with I.C. 36-7-4 et al. may be brought in a court of competent jurisdiction by:
(a) Rules and procedures provisions. Any property owner(s) who is entitled to enforce a commitment made in accordance with I.C. 36-7-4 et al. under the Rules and Procedures of the Plan Commission or the Board of Zoning Appeals in force at the time the commitment was made.
(b) Specified parties. Any other specially affected property owner(s) who was designated in the written commitment.
(Ord. 121410, passed 1-11-2011)