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(A) (1) Notice of violation or correction order. If the Zoning Official determines that a violation of this chapter or regulations made under its authority has occurred, he or she may issue the violator a civil citation which shall be proceeded upon in accordance with the provisions herein. The notice or order shall be issued to the violator by the Zoning Official, which shall include a notice or summons to answer the charges against him or her within the time specified on the form for hearing before the Circuit Court. Upon issuance of a notice or order, the Zoning Official shall provide a copy of the notice or summons to the Clerk of the Circuit Court bearing jurisdiction.
(2) Fines for violations.
(a) If the notice of violation or correction order is not complied with promptly, in addition to other remedies available, the Zoning Official may request the legal counsel of the city to institute the appropriate proceedings at law or in equity:
1. To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use;
2. To prevent the occupancy of the building, structure or land;
3. To prevent any illegal act, conduct, business or use in or about the premises; or
4. To restrain, correct or abate the violation.
(b) The owner or general agent of a building or premises where a violation of any provision of the regulations has been committed or exists, or the lessee or tenant of an entire building or entire premises where a violation has been committed or exists, or the owner, general agent, lessee or tenant of any part of the building or premises in which a violation has been committed or exists, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in which any violation exists shall be guilty of a misdemeanor punishable by a fine in an amount as set by separate ordinance of the city or other such penalty as determined by the City Attorney or discretion of the court.
(3) Civil lawsuits. The city shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this chapter and to abate nuisances maintained in violation thereof. In the event that any building or structure is or is proposed to be erected, constructed, altered, converted or maintained in violation of this chapter, or any building, structure or land is proposed to be used in violation of this chapter, the City Attorney or other appropriate authority of the city may, in addition to any other remedies, institute injunction, mandamus or any other appropriate actions or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises. Attorneys’ fees for the prosecution of any civil lawsuit pursuant to this section shall be assessed against the person committing the violation where not prohibited by law.
(4) Stop-work order.
1. In addition to other measures available to cause corrective action or to restrain the furtherance of work upon or occupancy of any premises contrary to the provisions of this chapter, or in a manner contrary to the terms and conditions under which a zoning permit was issued under this chapter, without need of issuance of a notice of violation or correction order, the Zoning Official shall have the power and authority to order all work stopped upon the subject building or structure, or in or about the premises whereon the violation or other objectionable condition shall occur. Upon the issuance of an order to stop-work, the work shall be immediately stopped by all persons involved therewith.
2. This stop-work order shall be issued in writing and shall be presented:
a. To the owner of the property involved; or
b. To the person doing the work or performing the occupancy. In the event the stop-work order is rejected or if no responsible person is present, the order shall be posted on the premises in a conspicuous place.
3. The stop-work order shall state:
a. The nature of the violation or objectionable condition;
b. No work shall precede unless authorized by the Zoning Official; and
c. Shall identify the premises.
(b) Observance of stop-work order. Each person who shall continue, or who shall cause to be continued, any work in or about the building, structure or premises having been subject to a stop-work order, except to perform as he or she is directed to perform to correct or abate a violation or objectionable condition, shall be liable a fine in an amount as set by separate ordinance of the city.
(Ord. 623, passed 9-8-1970; Ord. 3399, passed 12-5-2005)