(a) Prohibitions. No person shall fail or refuse to comply with an order issued by the Zoning Inspector. A separate offense shall be deemed committed each day upon which a violation occurs or continues. No person shall construct, modify, alter, use or occupy any structure or land in violation of this Part. A separate offense shall be deemed committed each day upon which a violation occurs or continues.
(b) Penalties. Any violation of the Zoning Code is punishable by any or all of the following:
(1) Criminal Penalties. A first violation of the Zoning Code is a minor misdemeanor, punishable by a fine of up to one hundred fifty dollars ($150.00), not including court costs. Any subsequent violations within one (1) year of the date of any conviction is a misdemeanor of the third degree. A third-degree misdemeanor is punishable by a fine of up to five hundred dollars ($500.00), sixty (60) days in jail, or both, not including court costs. In addition, any money spent by the City to remove unsafe or unsanitary conditions from a cited property may be added to the fine.
(2) Civil Remedies. The Director of Administration, on behalf of the City of Urbana, or any officer designated by the Director of Administration on behalf of the City of Urbana may file suit for injunction against any violation of the Zoning Code or, if the violation has caused damages to the City of Urbana, file suit for a judgment for damages. Any other person, property owner, or occupant of a property who can show that he or she has suffered harm or whose property has suffered harm as a result of the violations of the Zoning Code may also file suit for injunction or damages to the fullest extent provided by law.
(3) Fines. After the expiration of any time allotted for compliance, for the filing of an appeal, or after an unsuccessful appeal, any continuing violation is subject to a fine of twenty-five dollars ($25.00) per day, until the property comes into compliance. These fines may be collected by an action at law brought in the name of the City against the owner, occupant or person having charge or lawful possession of the premises on which the violation occurred, by certifying the costs to the County Auditor for placement on the real estate tax duplicate of the premises on which the violation occurred, and collection in the same manner as other taxes, or both, in the sole discretion of the Director of Administration or any officer designated by the Director of Administration on behalf of the City of Urbana.
(Ord. 4606-24. Passed 4-16-24.)