(A) Authority. The Enforcement Official 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 prohibitory or permanent injunction against a violator or potential violator.
(B) Cause. A violation, alleged violation or intent to violate exists.
(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, alleged violation or intent to violate.
(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, or an alleged intent to violate.
(3) Request for injunction. The Enforcement Official shall bring an action to a court of jurisdiction to request a prohibitory or permanent injunction to restrain a violation of this chapter.
(4) Violation. Any violator found liable for a violation or intending to violate this chapter shall be subject to prohibitory or permanent injunction to restrain. The court-imposed restraint may instead result in 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 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 the precedent that may be set by the ruling.
(Ord. 10-2010, passed - -2010, § 10.14)