(A) Authority. The Board of Zoning Appeals 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 mandatory injunction against a violator.
(B) Cause. A structure was constructed, modified or installed in violation or alleged violation.
(C) General procedure.
(1) Issue notice. Before or after bringing an action to the court of jurisdiction, the Board of Zoning Appeals 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 Board of Zoning Appeals shall make reasonable attempt to investigate an alleged violation to conclude if there is a violation.
(3) Request for injunction. The Board of Zoning Appeals may bring an action to a court of jurisdiction to request a mandatory injunction to remove a structure in violation of this chapter.
(4) Violation. If a structure is found in violation, the violator shall be subject to a mandatory injunction to remove the structure and all costs associated with the action. The court-imposed remedy 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, § 10.15) Penalty, see § 165.999