(a) Violation.
(1) Any building that is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land that is or is proposed to be used in violation of this Code or any amendment or supplement thereto, the City Council, the City Solicitor, Zoning Administrative Officer, or any adjacent or neighboring property owner who would be specifically damaged by such violation may, initiate appropriate action to prevent such activity from proceeding in violation to this Code.
(2) Whoever violates any provision of this chapter, or any amendment thereof, shall be guilty of a minor misdemeanor and may be fined as may be identified in Ohio R.C. 2929.28, Financial Sanctions - Misdemeanor. Each day an illegal erection, construction, reconstruction, enlargement, change, alteration, modification, maintenance or use continues shall constitute a separate offense.
(b) Notice of Violation. The notice of any violation of the Zoning Code shall be as follows:
(1) Whenever the Zoning Administrative Officer determines that there is a violation of any provision of this Zoning Code, a notice of such violation shall be issued. Such notice shall:
A. Be in writing;
B. Identify the violation;
C. Include a statement of the reason or reasons why the violation order is being issued and refer to the section of this Zoning Code being violated;
D. State the time by which the violation shall be corrected; and
E. Contain a statement of right of appeal or to request variance, if applicable.
(2) Service of notice of the violation shall be as follows:
A. By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of 16 years or older;
B. By Certified Mail, and first class mail simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the First Class mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or
C. By posting a copy of the notice form in a conspicuous place on the premises found in violation.
(c) Civil Remedies. The City Council, on behalf of the City or any officer designated by City Council on behalf of the City may, in addition to the criminal remedies provided in this Zoning Code, file suit for injunction against any violation of this Zoning Code, or if the violation has caused damages to the City for a judgment for damages and any person, property owner or occupant of property who can show that the person, property owner or occupant of property has suffered harm or whose property has suffered harm as a result of violations of this Zoning Code may file suit for injunction or damages to the fullest extent provided by the law.
(Ord. 2010-29. Passed 7-5-10.)