(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 enforce compliance with a condition, covenant or commitment.
(B) Cause. A condition, covenant or commitment is not in compliance with terms of an approval.
(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 non-compliance.
(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 non-compliance.
(3) Conditions. The Plan Commission shall bring an action to a court of jurisdiction to enforce a condition, covenant (in connection to a plat, planned development or development plan) or commitment.
(4) Court-imposed remedy. Any non-compliance shall be subject to any court-imposed remedy. The court-imposed remedy may include enforcing the condition, covenant or commitment, or be a unique court ruling that fulfills the intent of the city’s Comprehensive Plan and this chapter. The severity of the court ruling may consider the severity of the non-compliance, 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, § 10.13)