(A) Complaints. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the Administrator. The Administrator, or their agent, shall investigate the complaint, take immediate action and may refer the matter to the PPC, BZA, or their attorney for review. The Administrator or other member of the PPC staff shall have authority to enter upon property at any time to investigate a written complaint.
(B) Violations.
(1) Improvement location permit violations.
(a) Any persons or corporation who shall initiate construction prior to obtaining an ILP, or certificate of occupancy or any other permit or authorization required herein, shall pay the fine as set forth in the fee schedule.
(b) The owner or tenant of any building, structure or premises and any other person who participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties prescribed by this section.
(2) Zoning ordinance violations. Any person or corporation who shall violate any of the provisions of these ordinances or fail to fully comply therewith or with any of the requirements thereof (including violations of conditions established in connection with grants of variance or special exceptions) or who shall build, reconstruct or structurally alter any building in violation of the approved plot plan or building plans shall be subject to civil penalties of not more than $300 per day of violation.
(3) Subdivision control ordinance violations.
(a) It shall be the duty of the Administrator to periodically research the County Auditors records and perform the other necessary investigation to detect any violations of these regulations.
(b) No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the PPC in accordance with the provisions of these regulations and filed with the Orange County Recorder.
(c) No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by these regulations until the proposed subdivision has been approved by the PPC in accordance with these regulations and filed with the Orange County Recorder.
(d) No ILP shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations.
(e) The Administrator shall enforce these regulations and bring to the attention of the PPC attorney any violations or lack of compliance herewith. The PPC attorney shall take steps necessary under the Indiana Code to civilly enjoin any violation of these regulations.
(C) Remedies. The PPC, BZA or any designated enforcement official, may institute a suit for injunctive relief in the circuit court, or any court in the county having jurisdiction to entertain said matters, to restrain an individual person or a governmental unit from violating the provisions of the ordinance enacted pursuant to its terms or the subdivision control ordinance. The PPC or the BZA may also institute a suit for mandatory injunction, directing an individual person or a governmental unit to remove a structure erected in violation of the provisions of these ordinances, enacted pursuant to its terms. In the event that the PPC or BZA deems it necessary to invoke one or more remedies under this section, then, and in that event, they shall be entitled, if found to be the prevailing party, to an award of attorneys fees and costs of this action.