(A) Remedies and enforcement. Remedies and enforcement of the provisions of this chapter are set forth in I.C. 36-7-4-1000.
(B) Violations as common nuisance. Any structure erected, raised or converted, or land or premises used in violation of this chapter is a common nuisance and the owner or possessor of the structure, land or premises is liable for maintaining a common nuisance.
(C) Penalty. Any person or corporation in violation of this chapter may be punished subject to the provisions of I.C. 36-1-3-8, specifically; a fine of not more than $2,500 for an ordinance violation.
(D) FP Floodplain District violations. Failure to obtain an improvement location permit in the SFHA or failure to comply with the requirements of a permit or conditions of a variance shall be deemed to be a violation of this chapter. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of this chapter. All violations shall be punishable be a fine not exceeding $2,500.
(1) A separate offense shall be deemed to occur for each day the violation continues to exist.
(2) The County Area Plan Commission shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.
(3) Nothing herein shall prevent the county from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(E) Continuation of violation. Each month or period of 30 days, (whichever is less), that a violation of any portion of this chapter continues or exists shall constitute a separate offense, and any person or corporation in violation of this chapter may be punished by a fine of not more than $2,500 as set forth in division (C) above for each month or period of 30 days, (whichever is less), that such violation continues or exists.
(F) Enforcement by participating towns. Each town, that is a participating member/town of this area zoning code, shall have the right to enforce the terms of this code within its incorporated area/boundary as set forth in division (A) through (E) above.
(Ord. passed - -2006, § 80.99; Ord. 2020-2, passed 3-9-2020)