(A) Any person who commits a civil zoning violation as defined in Article 12.6 above may be issued a citation by the staff.
(B) Subject to the provisions of Article 12.7(B)(1) and Article 12.7(B)(2) below, each day a civil zoning violation remains uncorrected is a distinct and separate civil zoning violation subject to an additional citation and fine in the amount prescribed in this ordinance.
(1) Procedures.
(a) Staff may issue a citation to a person who commits a civil zoning violation or allows a civil zoning violation to be committed on real estate in which the person has a possessory interest. The citation may be served by personal service, by certified mail, by first class U.S. mail or by placement in a conspicuous place on the property where the violation occurs and shall serve as notice that a civil zoning violation has been committed.
(b) 1. No citation shall be issued unless the person who commits a civil zoning violation or allows a civil zoning violation to be committed on real estate in which the person has a possessory interest has been served with a notice to correct the civil zoning violation at least ten days before the issuance of a citation to allow said person an opportunity to correct the violation and to come into compliance with the prescribed Zoning Ordinance or regulation.
2. However, the service of a notice to correct the civil zoning violation is not required before issuing a citation for violation of a stop-work order issued pursuant to this Article XII.
(c) If a person who is served with a notice of civil zoning violation or receives a citation elects to file a petition for zone map change, variance, special exception or development plan approval to correct such violation, then the person must indicate the intent to file such a petition on the served notice or citation and return a copy to the Plan Commission. A person shall have ten days from service of a notice of civil zoning violation or receipt of citation to file the petition. During the pendency of said petition the issuance of additional citations and additional monetary fines as prescribed in Article 12.7(B)(2) shall be stayed. A person who files the petition within said time period shall pursue the petition in an expeditious and diligent manner. If the petition is denied, withdrawn or dismissed and the civil zoning violation continues, the Plan Commission, Board of Zoning Appeals or other appropriate enforcement official (as provided by applicable laws) may seek judicial relief in the Town Court or any other court of competent jurisdiction to enforce the terms and provisions of this ordinance.
(2) Fines. Monetary fines for civil zoning violations shall be assessed as follows:
(a) RR, R-1, R-2, R-3, R-4, R-5, R-6, R-U, M-U, P, S and REL Districts. The monetary fine for the first citation for a civil zoning violation shall be $50. The following monetary fines shall apply for each subsequent citation:
Second citation | Minimum $50, not to exceed $100 |
Third citation | Minimum $50, not to exceed $150 |
Fourth citation | Minimum $50, not to exceed $200 |
Each additional | Minimum $50, not to exceed a $300 increase in the previously assessed monetary fine, to a maximum monetary fine for each citation not to exceed $2,500 |
Provided, however, in no event shall a subsequent citation be issued within ten days of the issuance of a previous citation | |
(b) All Commercial (TC, NR, OD and GC) Districts, all Industrial (I-2, I-3 and I-4) Districts, the C-I District and the Agricultural (AG) District. The monetary fine for the first citation for a civil zoning violation shall be $50. The following monetary fines shall apply for each subsequent citation:
Second citation | Minimum $50, not to exceed $100 per day that the civil zoning violation remains uncorrected |
Third citation | Minimum $50, not to exceed $150 per day that the civil zoning violation remains uncorrected |
Fourth citation | Minimum $50, not to exceed $200 per day that the civil zoning violation remains uncorrected |
Additional citations | Minimum $50, not to exceed a $300 increase in the previously assessed monetary fine for each day that the civil zoning violation remains uncorrected, to a maximum monetary fine for each civil zoning violation not to exceed $2,500 per day that the civil zoning violation remains uncorrected |
Provided, however, in no event shall a subsequent citation be issued within five days of the issuance of a previous citation | |
(c) Payment. All fines prescribed by this Article XII for civil zoning violations shall be paid to the Clerk-Treasurer of the town, who shall render to the person making the payment a receipt stating the amount and purpose for which the fine has been paid, a duplicate of which shall be made a part of the records of the town. All fines thus received shall be deposited with the General Fund of the town.
(3) Trial for civil zoning violations.
(a) A person who receives a citation for a civil zoning violation may elect to stand trial for the violation by indicating on the citation his or her intent to stand trial and returning a copy of the citation to the Plan Commission. The returned copy of the citation shall serve as notice of the person’s intent to stand trial, and the issuance of additional citations and additional monetary fines as prescribed in Article 12.7(B)(2) shall be stayed upon receipt of the notice. The notice shall be given at least five days before the date that payment of the citation is due as set forth in Article 12.7(B)(3)(b) below. On receipt of the notice of intention to stand trial, the Plan Commission, Board of Zoning Appeals or other appropriate enforcement official (as provided by applicable laws) may seek judicial relief in the Town Court or any other court of competent jurisdiction to enforce the terms and provisions of this ordinance.
(b) If a person who receives a citation fails to:
1. Pay the assessed fine within 45 days after the issuance of a citation;
2. File a petition as prescribed in Article 12.7(B)(1)(c) above; or
3. Give notice of his or her intention to stand trial as prescribed in Article 12.7(B)(3)(a) above, the Plan Commission, Board of Zoning Appeals or other appropriate enforcement official (as provided by applicable laws) may seek judicial relief in the Town Court or any other court of competent jurisdiction to enforce the terms and provisions of this ordinance.
(c) Seeking a civil penalty as authorized in this Article does not preclude the designated enforcement entity from seeking alternative and additional relief from the Court in the same action, or from seeking injunctive relief or any other remedy in a separate action for the enforcement of I.C. 36-74 or any ordinance adopted or action taken under I.C. 36-7-4.
(d) In the event that a violation of the Town Zoning Ordinance is determined to exist by a court of competent jurisdiction, the owner shall be liable to the town for all costs associated with filing and prosecuting the enforcement action, including but not necessarily limited to all reasonable attorneys’ fees.
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 6-2001, passed 6-25-2001; Ord. 51-2005, passed 10-10-2005; Ord. 02-2009, passed 1-26-2009)