(A) General zoning penalty.
(1) Violations. If any new construction, structural changes, alteration or extension shall be commenced; or if any building shall be moved within the jurisdictional area of the county prior to the issuance of an improvement location permit, such action violates this section by the person performing the construction or work and the person owning the real estate.
(2) Common nuisance. Any building which shall be erected, raised or converted, or any land or premises which shall be used in violation of any provision of this chapter or of any regulations made by the Commission, shall be deemed to be a common nuisance and the owner of the building, land or premises shall be liable for maintaining a public nuisance.
(3) Penalties for violation. The procedures for the enforcement of this chapter are as follows.
(a) Actions for injunction for violations of this chapter shall be instituted by the Commission to restrain individuals or governmental units from violating the provisions of this chapter as enacted pursuant to I.C. 36-7-4 as amended, except that such actions may also be instituted by the county.
(b) The Plan Director shall be the designated enforcement officer and shall act for the Commission and shall not be personally liable for his or her official acts.
(c) The Commission as relator or otherwise, may institute suits for mandatory injunctions directing individuals or governmental units to remove structures erected in violation of the provisions of this chapter. If the Commission shall be successful in any such suit, the respondent shall bear the cost of the action.
(4) Fines.
(a) General procedure. There shall be a minimum of a three step procedure for the enforcement of violations. Intermediate steps, including additional notices of violation and extensions of time limits for compliance may be used by the Plan Director at his or her discretion. The minimum steps are as follow.
1. Notice of violation. The Plan Director shall issue a notice of violation to the person(s) who has committed, in whole or in part, a violation. Said notice is a warning to violator(s) that a violation has been determined and that it must be corrected within a specified time period.
2. Notice of fines for violation. The Plan Director shall issue a notice of fines for violation to the person(s) who has committed; in whole or in part, a violation. The notice of fines for violations is a citation that states the fines for the violation. The notice of fines for violation shall be mailed via certified mail, return receipt requested. The person(s) in violation will be given a time period to pay all applicable fines, and must correct the violation within the time period specified by the Plan Director or face additional fines.
3. Legal action. If the person(s) in violation refuses to pay the fines or correct the violation, the Plan Director may refer the violation to the Plan Commission Attorney in order to pursue Court action. Additional fines and liens against the property may also be pursued until the matter is resolved.
(b) Monetary fines. Monetary fines may be imposed, in addition to the fees specified in § 155.068, at the discretion of the Plan Director with the notice of fines for violations.
1. Multiple violations. Each violation shall constitute a separate offense.
2. Fine amount. Each separate offense shall be subject to a fine from $1,000 to $2,500 per day from the day of compliance requested by the Plan Director in the notice of violation.
a. In addition to any fine imposed, any person who initiates any activity which requires a permit without first obtaining a permit may be required to pay three times the normal amount of the permit consistent with the adopted fee schedule.
b. The amount of the fine shall be at the discretion of the Plan Director.
3. Payment. The payment of any violation shall be by cash or cashier’s check and shall be delivered to the Plan Director who shall forward same to the County Auditor for deposit.
a. Fine payments will not be accepted for a violation on a property on which other violations remain unresolved.
b. The Plan Director may, at his or her discretion, waive fines for the otherwise timely correction of the violation.
(c) Appeals. Any person receiving a notice of violation and/or fines for violation may appeal the violation and/or fine to a court of jurisdiction. A written statement from the person in violation, giving notice of the filing of an action with a court, shall be submitted to the Plan Director via certified mail at least three days prior to the date any fine and/or compliance is due.
1. Fines. Fines due will be postponed until the court of jurisdiction have made a ruling as to the violation and/or fine. The person(s) in violation shall have a maximum of 90 days to complete the hearing process. Failure to meet this deadline will reinstate all fines due by the person(s) in violation, including those which would have accumulated during the appeal process.
2. Additional notices. No additional notices will be issued by the County Planner if the person(s) in violation has (have) submitted an appeal or notice of court review.
(d) Enforcement. The County Planner via the Plan Commission Attorney may bring an action in the Putnam Circuit of Superior Court to evoke any legal, equitable or special remedy, for the enforcement of any ordinance or regulation created under I.C. 36-7-4, and its subsequent amendments.
(5) Amendments. All amendments to this chapter shall conform to relevant provisions of I.C. 36-7-4-600 et seq. and all acts amendatory thereto.
(6) Validity. If any title, article, section, clause, paragraph, provision or portion of this chapter shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other title, article, section, clause, paragraph, provision or portion of this chapter.
(Ord. passed 7-20-1992; Ord. 2001-12-17, passed 12-17-2001; Ord. 2014-10-20-3, passed 10-20-2014)