(A) Whenever the Zoning Administrator determines that any person, firm, corporation or municipal corporation is violating or about to violate this chapter, a cease and desist order shall be served by notice by certified mail of said nuisance.
(1) The location of the nuisance.
(2) The description of the nuisance.
(3) A statement of acts necessary to abate the nuisance.
(B) Within ten days from receipt of notice, such offender shall file with the city Plan Commission a verified report showing what steps have been or will be taken to correct said violation.
(C) If no report has been received within ten days from receipt, the Zoning Administrator may issue a fine after ten days as follows:
(1) First Offense: $25 per day (each 24 hours) after ten days;
(2) Second Offense: $50 per day (each 24 hours) after ten days;
(3) Third Offense: $100 per day (each 24 hours) after ten days;
(4) Each Consecutive Offense: $100 per day (each 24 hours) after ten days.
(D) If the fines have not been paid within the time specified, liens may be placed on the property the same as any other lien and collected as property tax.
(E) The Enforcement Officer may request the Plan Commission Attorney to take legal action in the Circuit or Superior Courts requesting all attorney fees and a fine of not less than $10 and not more than $300 a day (each 24 hours) for each day the violation exists after the first ten days, subject to the provisions of IC 36-1-3-8 and acts amendatory thereof.
(F) Any person or corporation, whether as principal, agent, employee or otherwise who violates any provision of this chapter shall be subject to the fines and fees outlined in IC 36-1-3-8 and acts amendatory thereof.
(G) The erection, construction, enlargement, conversion, moving or maintenance of any building which is continued, operated or maintained, contrary to any of the provisions of this chapter, is hereby declared to be in violation of this chapter and unlawful. The Commission or Enforcement Officer may institute a suit for injunction in the Miami County Circuit or Superior Court of the county to restrain any person from violating the provisions of this chapter. The Commission or Enforcement Officer may also institute a suit for mandatory injunction directing any person, firm or corporation to remove a structure erected or located in violation of the provisions of this chapter. If the Commission or Enforcement Officer is successful in its suit, the respondent shall pay the cost of such action, including reasonable attorney fees to be allowed by the court. Such action may also be instituted by any property owner who may be especially damaged by any violation of this chapter.
(H) The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(I) If a building contractor receives notice of a violation of the subdivision ordinance, Chapter 156 of this code or this chapter three times in a 365 day period, he shall be ineligible to receive an improvement location permit for one year from the date of the third violation. A contractor may appeal the decision made by the Zoning Administrator to the Board of Zoning Appeals within 30 days from receipt of any notice as outlined in § 151.102.
(Ord. 5-2002, passed 3-4-02)