A. VIOLATIONS.
1. The erection, demolition, conversion, construction, enlargement, moving or maintenance of any structure, or the use of any land, structure or premises, which is contrary to any of the provisions of this Ordinance, is hereby declared to be a common nuisance and an unlawful violation of this Ordinance.
2. The erection, demolition, conversion, construction, enlargement, moving or maintenance of any structure, or the use of any land, structure, or premises, which is contrary to any requirement, condition or commitment imposed or made by the Board, Commission, Zoning Administrator or applicant under the provisions of this Ordinance is hereby declared to be a common nuisance and an unlawful violation of this Ordinance.
3. Any person, whether as principal agent, owner, lessee, tenant, contractor, builder, architect, engineer or otherwise who, either individually or in concert with another, acts contrary to any provision of this Ordinance or a condition or commitment made thereunder, shall be liable for maintaining a common nuisance and shall be in violation of this Ordinance.
4. It shall constitute a violation of this Ordinance for any person or entity to operate a food truck in violation with the provisions of this Ordinance or to fail to obtain the appropriate permit as outlined in this Ordinance. Each day the violation exists constitutes a new and separate violation. Notice of violation may be delivered via hand delivery, certified mail or posting of the notice on the food truck. Fines and penalties shall be as set forth in Section 8(B) of this appendix.
B. PENALTY.
Any person who violates this Ordinance shall be guilty of a Class C infraction and shall be subject to a civil penalty of not more than three hundred dollars ($300.00) for each such violation. Each day any such violation is committed or permitted to continue constitutes a separate ordinance violation.
C. ENFORCEMENT PROCEDURES.
1. It shall be the duty of the Zoning Administrator to enforce the provisions of this Ordinance in the manner and form and with the powers provided by this Ordinance.
2. If the Zoning Administrator finds that any provision of this Ordinance is being, or has been, violated, he shall send a written notice or warning to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Zoning Administrator's discretion.
3. Each day a violation remains uncorrected is a distinct and separate civil zoning violation subject to an additional citation and fine in the amount prescribed by subsection 4 below, provided a warning ticket has first been issued pursuant to (C)(2) of this section.
4. The monetary fine for each civil zoning violation shall be $50.00, except that for a repeated civil zoning violation, the following fines shall apply:
Second Citation: $100.00
Third Citation: $150.00
Fourth Citation: $200.00
Each Citation in Excess of Four: $300.00
5. The final written notice (and the initial written notice may be the final notice) shall state what action the Zoning Administrator intends to take if the violation is not corrected.
6. If the violation is not corrected, the Zoning Administrator shall seek Commission authority to pursue the remedies authorized by this Ordinance.
7. The above notwithstanding, in cases where delay would seriously threaten the effective enforcement of this Ordinance or pose a danger to the public health, safety or welfare, the Zoning Administrator may seek enforcement without prior written notice or Board authority by invoking any of the remedies authorized by this Ordinance.
8. All fines prescribed by this section for civil zoning violations shall be paid to the Zoning Administrator, who shall render to the person making the payment a receipt stating the amount and purpose for which the fine has been paid and duplicates of which shall be made a part of the records of the Plan Commission. All fines thus received shall be deposited with the Town of New Palestine Clerk-Treasurer.
D. AUTHORIZED REMEDIES FOR VIOLATIONS.
1. Upon a reasonable belief that a person is violating a provision of this Ordinance or a condition, requirement or commitment imposed or made thereunder, the Zoning Administrator may seek, with the assistance of the Commission Attorney, the following civil remedies:
a. A civil penalty for Ordinance violation;
b. A temporary restraining order, preliminary injunction or permanent injunction to restrain a person from violating the Ordinance or a condition, requirement or commitment imposed or made thereunder; and,
c. A mandatory injunction directing a person to perform a condition, requirement or condition imposed or made under the Ordinance or to remove a structure erected in violation of the Ordinance.
2. In the event the Zoning Administrator finds that a violation of the terms and provisions of an approval, certificate or permit granted pursuant to these regulations has occurred, the Zoning Administrator may use the following administrative remedies:
a. Suspend and withhold other approvals, certificates and/or permits relevant to the development or use of the site on which the violation has occurred as shown on the approved development plan, including sewage disposal systems that have not been properly installed or have not become operational. The Zoning Administrator shall not issue any additional improvement location permits for structures within the development plan until all previously approved improvements serving such structure are properly installed and operational, and such structure otherwise qualifies for the issuance of a land use certificate;
b. Issue a stop work order and suspend and withhold all building code inspections relevant to the development or use of the site on which the violation has occurred. The Building Permit Official shall comply with the Zoning Administrator's instructions in this regard;
c. Draw on an applicable letter of credit, or other financial guaranty, as necessary to affect any remedial actions required to abate the violation; and/or
d. Revoke the permits, certificates and/or approvals that have been violated.
The purpose of each of the foregoing administrative remedies is to encourage compliance with the terms and provisions of the approval, certificate and/or permit without having to resort to litigation. If used, the Zoning Administrator shall apply the foregoing remedies in a measured and reasonable fashion to achieve their recognized purpose. The remedies provided for in these regulations shall be cumulative, and not exclusive, and shall be in addition to any other remedies provided by law.
3. Should litigation be necessary to obtain compliance with the requirements of this Ordinance and a court of competent jurisdiction makes a judgment in favor of the Town, the violator shall be liable for all applicable fines plus attorney fees.
(Ord. 121714, passed 12-17-2014)