(A) Generally.
(1) Any owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who commits, participates in, assists, directs, creates, or maintains any situation that is in violation of the terms and provisions of this chapter as defined in § 152.410, above, may be issued a citation by the Zoning Administrator.
(2) Subject to the provisions of divisions (B) and (C), below, each day a zoning violation remains uncorrected is a distinct and separate zoning violation subject to an additional citation and fine in the amount prescribed in this chapter.
(B) Procedures for initial notice of zoning violation or citation.
(1) The Zoning Administrator may issue a notice of zoning violation to a person (i.e., any owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person) who commits a zoning violation or allows a zoning violation to be committed on real estate in which the person has a possessory interest. The notice of zoning violation may be served by: personal service; certified mail, return receipt requested; registered mail; or by posting the notice in a conspicuous place on the property where the violation occurs, and shall serve as notice that a zoning violation has been committed.
(2) No citation shall be issued unless notice as required by division (B)(1) above has been provided at least 10 days before the citation is issued, in order to allow the person receiving notice an opportunity to correct the violation and to come into compliance with the terms and provisions of this chapter, provided, however, the service of a notice of zoning violation and the provision of time to correct the zoning violation is not required before issuing a citation for: violation of a cease and desist order issued pursuant to § 152.409; or violation of § 152.293(A)(7) or (A)(9) regarding signs or lights located on a wireless telecommunications facility. If upon re-inspection, the zoning violation remains unabated, a second notice of zoning violation may be served, or a citation accompanied by the fines as specified in § 152.412, below, may be issued.
(C) Action after second notice or citation. A person (i.e., any owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person) who is served with a second notice of zoning violation or receives a citation shall have 10 days from service of a second notice of zoning violation or receipt of citation to take 1 of the following actions:
(1) The person may elect to file a petition for zoning map change, variance, special exception use or development plan approval to correct the violation, in which case the person must indicate the intent to file such a petition on the served second notice or citation and return a copy to the Zoning Administrator or appropriate enforcement official. During the pendency of the petition the issuance of additional notices or citations and additional monetary fines as prescribed in § 152.412, shall be stayed. A person who files the petition within the time period shall pursue the petition in an expeditious and diligent manner. If the petition is denied, withdrawn or dismissed and the zoning violation continues, then a lawsuit may be commenced by the Town Attorney, Zoning Administrator, or appropriate enforcement official as provided by applicable laws; or
(2) The person or any other interested party may elect to appeal the decision of the enforcement official pursuant to § 152.367(C) as an Administrative Appeal before the Board of Zoning Appeals.
(D) Legal action for failure to correct violation. If an owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who is served with a second notice of zoning violation or receives a citation fails to either correct the violation or take such actions to come into compliance within 10 days as set forth in division (B) above, then the Town Attorney, Zoning Administrator, or appropriate enforcement official may institute legal action in a court of competent jurisdiction to enforce the terms and conditions of this chapter, including but not limited to: enforcement of a cease and desist order as provided in § 152.409; assessment and collection of fines as provided in § 152.412; or the pursuit of injunctive and other equitable relief and remedies available under state law.
(Ord. 1221, Art. 11(g), passed 1-26-2010)