(A) Authority. The Plan Commission may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in § 165.510 (Request to Remedy). A court of jurisdiction may issue a legal, equitable or special remedy.
(B) Cause. A violation or alleged violation exists on a property.
(C) General procedure.
(1) Issue notice. Before or after bringing an action to the court of jurisdiction, the Plan Commission shall mail a notice letter to the violator, the property address or to the tax record address if mail is undeliverable to the property (e.g., a vacant site) describing the violation or alleged violation.
(2) Investigation. Before or after bringing an action to the court of jurisdiction, the Plan Commission shall make reasonable attempt to investigate an alleged violation to conclude if there is a violation.
(3) Court-imposed remedy. The Plan Commission shall bring an action to the court of jurisdiction to invoke a legal, equitable or special remedy for a violation or alleged violation.
(4) Liability.
(a) Any violator found liable for a violation shall be subject to any court-imposed legal, equitable or special remedy. The legal, equitable or special remedy shall force compliance with this chapter or be a unique court ruling that fulfills the intent of the city’s Comprehensive Plan and this chapter.
(b) The severity of the court ruling may consider the severity of the violation, impact to property values in the area, impact to quality of life in the area, impact to the health, safety and welfare of the public, repetitiveness of similar violations by the same violator and/or the precedent that may be set by the ruling.
(Ord. 10-2010, passed - -2010, § 10.12)