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Whenever staff receives a complaint or has reason to suspect that an alleged violation of the terms and provisions of this chapter are occurring, staff shall investigate the complaint or suspicion and shall take whatever action is warranted in accordance with the provisions of this subchapter.
(Ord. 2000-16, passed 8-28-2000, § 10.2)
The owner, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates or maintains any situation that is in violation of the terms and provisions of this chapter, may be held responsible for the violation, suffer the penalties and be subject to the remedies herein provided.
(Ord. 2000-16, passed 8-28-2000, § 10.3)
(A) Staff may enter upon any premises at any reasonable time for the purpose of inspecting all lands located within the jurisdiction of the Plan Commission and carrying out their duties in the enforcement of this chapter. Prior to entering upon any premises, staff shall furnish sufficient identification and information to enable the owner, tenant or occupant to determine the purpose of the inspection and that the person conducting the inspection is an authorized representative of the town.
(B) In the event that entry is denied by the owner, tenant or occupant of a premises, the Building Commissioner may make application to any court of competent jurisdiction for the issuance of a search warrant. Such application shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts giving rise to the belief that a condition which is in violation of this chapter exists on the premises, or that such a violation in fact exists and must be abated, and that the condition or violation is not a lawful non-conforming use to the best of the affiant’s belief. Any warrant issued pursuant to such application shall order such owner, tenant or occupant to permit entry to staff for the purposes stated therein.
(Ord. 2000-16, passed 8-28-2000, § 10.4)
(A) Staff is empowered to issue a stop-work order requiring the suspension of land improvement of any kind when any of the following circumstances exist:
(1) A site improvement is occurring without an improvement location permit or any other permit required by this chapter having first been obtained; or
(2) A site improvement is occurring in violation of: the terms, conditions or provisions of this chapter; the terms, provisions, conditions or commitments of a variance grant or special exception; the terms of commitments made or conditions imposed in connection with the approval of a development plan; commitments made in connection with a petition for zone map amendment; or other approval grant authorized by this chapter.
(B) The stop-work order shall be posted on the property in a conspicuous place, or personally delivered to the owner, tenant or occupant, or person in charge and state the conditions under which construction or other activity may be resumed. Staff shall meet with the recipient of a stop-work order upon request to explain the conditions under which construction or other activity may be resumed.
(C) The Plan Commission may institute a lawsuit in a court of competent jurisdiction to enforce the provisions of a stop-work order.
(Ord. 2000-16, passed 8-28-2000, § 10.5)
Each of the following shall be deemed civil zoning violations which may be enforced by the designated enforcement entity in accordance with the provisions set forth in § 194.999 of this chapter:
(A) The location, erection or maintenance of any sign not specifically permitted by this chapter;
(B) The failure to obtain an improvement location permit when one is required by the terms and provisions of this chapter;
(C) The outdoor storage of junk, trash or debris in any zoning district the provisions of which do not specifically permit such a use;
(D) The storage of inoperable motor vehicles, abandoned motor vehicles, unregistered motor vehicles or motor vehicle parts in any zoning district the provisions of which do not specifically permit such a use;
(E) The parking or storage, in any zoning district the provisions of which do not specifically permit such a use, of any motor vehicle used or designed:
(1) For use in pulling, towing, hauling, transporting; or
(2) As a temporary or permanent base, platform or support for equipment, machinery, materials or other goods (including, but not limited to, stake body trucks, dump trucks, trucks or tractors having dual real wheels or more than two axles, semi-trailer tractors, semi-trailers and trailers having dual real wheels or more than one axle or having an overall length of more than 12 feet);
(F) The outdoor storage or display of merchandise or goods in any zoning district the provisions of which do not specifically permit such a use or in violation of the zoning district development standards regulating such a use;
(G) The conduct of any activity in a residential zoning district that is not specifically enumerated as a permitted primary or accessory use in that zoning district, and which activity has not been legally established by a currently valid variance, special exception or other approval grant;
(H) Failure to comply with zoning district development standards, including, but not limited to, landscaping, paving of parking areas, minimum parking space requirements, trash dumpster enclosure, fencing or screening requirements;
(I) The failure to comply with: the terms, provisions, conditions or commitments of a variance grant or special exception; the terms of commitments made in connection with the approval of a development plan; commitments made in connection with a petition for zone map amendment; or other approval grant authorized by this chapter;
(J) The violation of a stop-work order issued pursuant to this subchapter;
(K) Dismantling, repairing or restoring or performing any work on any motor vehicle, machine, motor or similar device in an R district in violation of § 194.022 of this chapter;
(L) Storing, maintaining or keeping a motor vehicle, machine, motor or similar device in an R district in violation of § 194.022 of this chapter;
(M) Parking, storing, maintaining or keeping a commercial motor vehicle or trailer in an R district in violation of § 194.022 of this chapter;
(N) Parking, storing, maintaining or keeping of any recreational vehicle in an R district in violation of § 194.022 of this chapter; and
(O) Failure to comply with any other provisions of this chapter.
(Ord. 2000-16, passed 8-28-2000, § 10.6)
(A) Any person who commits a civil zoning violation, as defined in § 194.240 of this chapter, may be issued a citation by staff.
(B) Subject to the provisions below, each ten days a civil zoning violation remains uncorrected is a distinct and separate civil zoning violation subject to an additional citation and fine in the amount prescribed in this chapter.
(C) (1) Procedures.
(a) Staff may issue a citation to a person who commits a civil zoning violation or allows a civil zoning violation to be committed on real estate in which the person has a possessory or ownership interest. The citation may be served by personal service, by certified mail, by first class U.S. mail, or by placement in a conspicuous place on the property where the violation occurs and shall serve as notice that a civil zoning violation has been committed.
(b) No citation shall be issued unless the person who commits a civil zoning violation or allows a civil zoning violation to be committed on real estate in which the person has a possessory or ownership interest has been served with a notice to correct the civil zoning violation at least ten days before the issuance of a citation to allow said person an opportunity to correct the violation and to come into compliance with the applicable zoning ordinance or regulation. However, the service of a notice to correct the civil zoning violation is not required before issuing a citation for violation of a stop-work order issued pursuant to §§ 194.235 through 194.240 of this chapter.
(c) If a person who is served with a notice to correct a civil zoning violation or receives a citation ejects to file a petition for zone map change, variance, special exception or development plan approval or take other appropriate action to correct such violation, then the person must indicate the intent to file such a petition or take other such appropriate action on the served notice or citation and return a copy to the Plan Commission. A person shall have ten days from service of a notice to correct the civil zoning violation or receipt of a citation to file the petition or take other such appropriate action. During the pendency of said ten-day period or petition, if one is filed, the issuance of additional citations and additional monetary fines as prescribed in division (B) above shall be stayed. A person who files the petition within said time period shall pursue the petition in an expeditious and diligent manner. If a petition is not filed or other appropriate action is not taken within said ten-day period or if a petition is filed and the petition is subsequently denied, withdrawn or dismissed and the civil zoning violation continues, then a lawsuit may be commenced by the Plan Commission, Board of Zoning Appeals or appropriate enforcement official as provided by applicable laws.
(2) Fines.
(a) The monetary fine for the first citation for a civil zoning violation shall be $50 and the following monetary fines shall apply for each subsequent citation:
1. Second citation: $100;
2. Third citation: $150;
3. Fourth citation: $200; and
4. Each additional: $300.
(b) Provided, however, in no event shall a subsequent citation be issued within ten days of the issuance of a previous citation, nor shall the total monetary fine for each civil zoning violation exceed $2,500.
(c) All fines prescribed by §§ 194.235 through 194.240 of this chapter for civil zoning violations shall be paid to the Clerk-Treasurer of the town, who shall render to the person making the payment a receipt stating the amount and purpose for which the fine has been paid, a duplicate of which shall be made a part of the records of the town. Payment of fines by check shall be made out to “The Town of Zionsville”. All fines thus received shall be deposited with the General Fund of the town.
(3) Trial for civil zoning violations.
(a) A person who receives a citation for a civil zoning violation may elect to stand trial for the violation by indicating on the citation his or her intent to stand trial and returning a copy of the citation to the Plan Commission. The returned copy of the citation shall serve as notice of the person’s intent to stand trial, and the issuance of additional citations and additional monetary fines as prescribed in division (B) above shall be stayed upon receipt of the notice. The notice of the person’s intent to stand trial shall be given at least five days before the date that payment of the citation is due as set forth in division (C)(2) above. Upon receipt of the notice of intention to stand trial, a lawsuit may be commenced by the Plan Commission, Board of Zoning Appeals or appropriate enforcement official as provided by applicable law to enforce the terms and provisions of this chapter.
(b) If a person who receives a citation fails to:
1. Pay the assessed fine within 45 days after the issuance of a citation;
2. File a petition or take other appropriate action as prescribed in division (C)(3) above; or
3. Give notice of his or her intention to stand trial as prescribed in division (C)(1) above, the Plan Commission, Board of Zoning Appeals or designated enforcement official may file a lawsuit as provided by applicable law to enforce the terms and provisions of this chapter.
(c) Seeking a civil penalty as authorized in §§ 194.235 through 194.240 of this chapter does not preclude the designated enforcement entity from seeking alternative and additional relief from the court in the same action, or from seeking injunctive relief or any other remedy in a separate action for the enforcement of I.C. 36-7-4 or any ordinance adopted or action taken under I.C. 36-7-4.
(Ord. 2000-16, passed 8-28-2000, § 10.7)