(A) Impose a fine for violation.
(1) Authority. The Enforcement Official may impose a fine for violation as an independent enforcement action or concurrent to another enforcement action; except division (B) below or as stated in § 165.510 (Request to Remedy).
(2) Cause. A violation exists.
(3) General procedure.
(a) Collect evidence. Before imposing a fine, the Enforcement Official shall collect evidence to conclude there is a violation.
(b) Issue notice. The Enforcement Official shall mail a notice letter to the violator or the property address (or to the tax record address if mail is undeliverable to the property (e.g., a vacant site)) describing the violation. The notice letter shall also include the terms of the fine, including the fine amount and the date payment is due.
(c) Timeframe to provide evidence or comply. If not addressed in a concurrent enforcement action, the Enforcement Official shall grant the violator an opportunity to provide evidence that there isn’t a violation or to bring the violation into compliance, including a timeframe of at least one day but not more than 21 days. The timeframe granted shall be reasonably tied to the necessary time to remedy the violation (e.g., the time to remove an a-frame portable sign in violation could be one day).
(d) Timeframe extension. A timeframe extension may be granted upon request by the Enforcement Official if the violator is making satisfactory progress.
(e) Financial liability. The Enforcement Official may impose a fine in an amount not less than $50 or higher than $2,500 for the first violation and not less than $50 or higher than $7,500 for the second or subsequent violations. Each unique violation from the day it was confirmed as a violation is subject to a fine; and each new day the violation persists, excluding days granted to remedy the violation, shall constitute another fine. The fine for a violation shall be reasonably in proportion to the severity of the violation, repetitiveness of similar violations by the same violator and the cost associated with enforcing, mitigating, administering, researching, inspecting, legal fees and the like.
(f) Appeals. Fines imposed by the Enforcement Official may be appealed to the Board of Zoning Appeals.
(Ord. 10-2010, passed - -2010, § 10.16)
(B) Invoke a fine for violation.
(1) Authority. The Enforcement Official may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except division (A) above or as stated in § 165.510 (Request to Remedy). A court of jurisdiction may issue a fine for violation.
(2) Cause. A violation exists.
(3) General procedure.
(a) Collect evidence. Before or after bringing an action to the court of jurisdiction, the Enforcement Official shall collect evidence to conclude there is a violation.
(b) Issue notice. Before or after bringing an action to the court of jurisdiction, the Enforcement Official shall mail a notice letter to the violator or the property address (or to the tax record address if mail is undeliverable to the property (e.g., a vacant site)) describing the violation.
(c) Court-imposed fine. The Enforcement Official shall bring an action to a court of jurisdiction to invoke a fine for a violation.
(d) Financial liability. A violator found liable for a violation shall be subject to a court-imposed fine. The fine for a violation shall be reasonably in proportion to the severity of the violation, repetitiveness of similar violations by the same violator and the costs associated with enforcing, mitigating, administering, researching, inspecting, court fees, legal fees and the like. Fines imposed by the court of jurisdiction shall be no higher than $2,500 for the first violation, and no higher than $7,500 for the second or subsequent violations according to I.C. 36-1-3-8.
(Ord. 10-2010, passed - -2010, § 10.17)
(C) Other remedy. Any action allowed by the Indiana Code, common law or other applicable state regulations may be used to force a violation to be in compliance with this chapter’s remedy or compliance with the terms of an approval.
(Ord. 10-2010, passed - -2010, § 10.18)