(A) Any person may file with the Plan Commission a written complaint alleging a violation of this chapter. Upon its receipt of a written complaint, the Plan Commission, or its duly appointed agent, will investigate in a timely manner. If, based on its investigation, the Plan Commission concludes that a violation has occurred, the Plan Commission shall serve the person or persons believed to have violated this chapter with a written notice of violation and an order to correct the violation within a reasonable period of time, not to exceed 60 days. If the violation is not corrected within the time allotted, the Plan Commission may issue a civil penalty or fine. The Plan Commission may, by rule, delegate the duties under this section to an individual, department, or agency.
(B) Any building erected, raised, or converted, or land or premises used in violation of any provision of this chapter or the State Building Code is hereby declared to be a common nuisance and the owner thereof shall be liable for maintaining a common nuisance, which may be restrained or enjoined or abated in any appropriate action or proceeding.
(C) The Plan Commission, Board of Zoning Appeals, or any designee thereof may institute a suit for injunction in the Circuit or Superior Court of the county to restrain any person, firm, corporation, or governmental unit from violating the provisions of this chapter and may seek to recover from any party against whom an injunction is sought costs of the action and reasonable attorney’s fees.
(D) The Plan Commission, Board of Zoning Appeals, or any designee thereof may institute a suit for remedial action directing a property owner and/or occupant to remove a structure erected in violation of this chapter, or to bring it into compliance with this chapter, and may seek to recover from any party against whom an injunction is sought costs of the action and reasonable attorney’s fees.
(E) Nothing herein contained shall prevent the Town Council, the Plan Commission, Board of Zoning Appeals, or any designated official from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. passed - -1989; Ord. 2014-5, passed 5-5-2014) Penalty, see § 153.99