(A) It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, or maintain any structure in violation of any regulation in, or any provision of, this chapter or of any regulation enacted hereunder. Uses of land and dwellings, buildings, or structures, including tents and manufactured homes and buildings used contrary to any provisions of this chapter or any regulation enacted hereunder, are hereby declared to be a violation. Any person, firm, or corporation making any attraction to real property within the town limits, or its zoning jurisdictional area, including, but not limited to driveways, fences, additions to homes and businesses, and any building activity regulated by town ordinance or code, who fails to secure the proper permits and/or use, shall be in violation of this chapter. Any structure or use that violates this chapter shall be deemed to be a common nuisance and the owner of the structure or land shall be liable for maintaining a common nuisance.
(B) It shall be the duty of the Department to enforce these regulations and to bring any violations or lack of compliance to the attentions of the Town Attorney, who may file a complaint against the person and prosecute the alleged violation.
(C) Any person may, by suit in a circuit or superior court of the county, enjoin the violation of this chapter.
(D) The Board of Zoning Appeals, by mandatory injunction in the circuit court of the county against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this chapter or the removal of any use or condition permitted in violation of this chapter.
(E) A use that violates this chapter shall be treated as if it were a common nuisance, and the owner or possessor of the structure, land, or premises upon which the use is maintained shall be liable for such nuisance.
(F) No improvement location permit or building permit required under the Local Building Code, or this chapter, shall be issued on any property subject to this chapter in violation of the provisions of this chapter.
(G) Notwithstanding anything contained in this chapter to the contrary or appearing to be contrary, and in addition and supplementary to other provisions of this chapter, if the Board of Zoning Appeals or the Town Council is required to utilize the services of the Town Attorney or any other attorney in investigating a possible violation of this chapter or enforcing the provisions of this chapter pursuant to divisions (C), (D), or (E), or any other section, before any board or court (including appeals), and such investigation results in a determination that a violation has occurred or if the Board of Zoning Appeals or the town is successful in its enforcement of the chapter by way of suit, appeal, or other appropriate proceeding, the respondent, defendant, or party investigated for a violation shall pay the town’s reasonable attorney fees and all costs related to the investigation of the violation and/or the enforcement of this chapter, unless such attorney fees or costs are specifically waived by the Town Council.
(H) As to any appeal from a decision of the Board of Zoning Appeals, costs may not be allowed against the Board of Zoning Appeals unless it appears to the Court that the Board acted with gross negligence or in bad faith in making the decision brought up for review.
(Ord. 01-04-01, passed 4-10-2001) Penalty, see § 154.999