(a) No person shall move, locate, erect, construct, reconstruct, enlarge, change, raze, maintain or use any building, or use any land in violation of any provision of this Zoning Ordinance or amendments thereto.
(b) The owner of each premises or parcel of land subject to this Zoning Code shall be responsible for compliance with the standards set forth herein, and for the abatement or elimination of any violation found on the owner's premises or parcel of land, regardless of whether certain responsibilities may also be placed on the lessees, tenants, operators or agents of such owner, and regardless of any agreement between the owner and any other person or entity. "Owner," for the purposes of this Section, means the record title owner of the parcel as identified on the Portage County tax duplicate, and any heirs, successors and assigns of such owner.
(c) Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall be filed with the Zoning Inspector and shall state the causes and basis of the complaint. The Zoning Inspector shall record such complaint, investigate and take action as provided for violations of this Zoning Ordinance within thirty days from date of receipt of the complaint.
(d) Any person found by the Zoning Inspector to be violating the provisions of this ordinance, and the owner of the involved premises or parcel, shall be notified in writing by regular mail at the parcel's address, and at the tax mailing address of the parcel's owner, if different from the parcel's address. In addition, the Notice of Violation ("NOV") shall be posted, if possible, at a location near the main entrance of the premises. Each NOV issued under the authority of this Section shall:
(1) Identify the section of the Zoning Code of which the premises or parcel is in violation and the specific conditions that are the basis of the determination that a violation is occurring,
(2) Order the owner and/or person in charge of the premises or parcel to abate the violation and identify the specific conditions that must be corrected in order to constitute abatement,
(3) Specify a reasonable time for compliance with the order to abate, a minimum of fourteen (14) days,
(4) Advise the owner and/or person in control of the right to appeal the NOV to the Board of Zoning and Building Appeals,
(5) Advise the owner and/or person in control of the civil and criminal enforcement actions that may follow the failure to comply with an abatement order contained in an NOV.
Any person to whom an NOV is directed shall have standing to appeal the NOV to the Board of Zoning and Building Appeals pursuant to Section 1105.11.
(e) If the violation is not fully abated or corrected within the time frame specified in the NOV, and in the absence of any appeal of the NOV, then Council, the Mayor, the Law Director, the Service Director, the Planning and Zoning Director, the Zoning Inspector or any property owner especially damaged by the violation may initiate any of the enforcement provisions provided in this Zoning Code.
(f) In addition to the criminal penalties specified in Section 1107.11, the Law Director, upon a referral from the Planning Director, is authorized to institute any appropriate civil action to prevent the unlawful construction or alteration of any building or structure or the unlawful establishment, change or modification of any use; to restrain or require correction or abatement of violations of this Zoning Code, or to prevent the unlawful use of any building, structure or land. The Law Director is further authorized to litigate to judgment, settle, compromise, and/or dismiss any action brought under the authority of this Section, and to initiate such further actions as are necessary in aid of execution on any and all such judgments or settlements. (Ord. 2022-84. Passed 5-9-22.)