The remedies and enforcement powers established in this Zoning Code are cumulative, and the City may exercise them in any order. Without limitation:
(a) The City, through its Planning and Zoning Division, may require that any person immediately stop any work being performed in violation of this Zoning Code or other state or local laws. Such requirement shall be in writing, shall be directed to the person performing the work; and shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.
(b) In the case of violations of this Zoning Code, as determined by the Planning and Zoning Administrator, that do not constitute an emergency or require immediate attention, the Zoning Inspector shall provide notice of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit, after which the persons receiving notice will have up to thirty (30) days to correct the violation before further enforcement action will be taken.
(1) Notice must be given in person, by the U.S. mail, or by posting notice on the premises.
(2) Notice of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
(c) Should the notice provided pursuant to Section 1280.06(a) or (b) fail to remedy a violation, the City may take further legal action. Without limitation:
(1) Pursuant to Ohio R.C. 713.13, the City may seek an injunction or other equitable relief in court to stop any violation of this Zoning Code.
(2) The City may seek a court order to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
(3) The City may pursue any other actions or remedies available to it under the law.
(d) In the case of violations of this Zoning Code, as determined by the Planning and Zoning Administrator, that would result in public safety concerns or which otherwise require immediate remedy, the City may use the enforcement powers available under this Zoning Code (including, but not limited to, legal action for injunction, an order to abate or remove a violation, or other legal or equitable remedy) without prior notice.
(1) Zoning officials must attempt to give notice to the property owner and to applicant for any relevant permit simultaneously with beginning enforcement action.
(2) Where the City makes a reasonable attempt to provide such notice, failure to provide actual notice shall not prevent the City from exercising all otherwise available enforcement powers.
(e) In addition to any civil or other remedies available under the Code, whoever violates or fails to comply with any of the provisions of this Zoning Code, or erects or alters any building in disregard for or in violation of any detailed statement or plan submitted or approved in connection with the issuance of any permit, shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00).
(1) A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(2) The owner of the building or lot where anything in violation of this Zoning Code is placed or permitted to exist and any architect, builder, contractor, agent, lessee, or person employed in connection with such violation or who may have assisted in the commission of any such violation, shall be deemed guilty of a separate offense and shall be subject to the penalty herein provided.
(f) The City may seek any such other penalties and remedies as are available under the law.
(Ord. 119-2011. Passed 6-21-11.)
(Ord. 119-2011. Passed 6-21-11.)