Chapter 18.195
ENFORCEMENT – PENALTY
Sections:
18.195.010 Enforcement by Area Plan Commission.
18.195.010 Enforcement by Area Plan Commission.
(A) The Area Plan Commission shall enforce this title by doing the following:
(1) Conduct inspections of buildings and/or uses to determine compliance with this title.
(2) Order discontinuance of violations in a written notice or in a City ordinance violation citation sent or issued to the person responsible for the violation.
(3) Issue civil penalties when appropriate to help bring about compliance with this title as prescribed in EMC 12.05.210(G) and 18.195.020(A)(1).
(B) The Director, who may delegate to employees under his jurisdiction, shall have the following duties:
(1) Issue improvement location permits, temporary and occupancy permits, and special use permits.
(2) Maintain permanent records of improvement location permits, variances, special use permits, and amendments to this title.
(3) Make amendments to the zoning district maps upon enactment, publication, and recording of zoning ordinances.
(4) Prepare factual reports pertaining to any variance, special use, or amendment to this title.
(5) Prepare variances and special uses provided for this title, and prepare amendments to this title. [Ord. G-2009-10 § 1, passed 8-10-09; Ord. G-89-17, passed 5-24-89; Ord. G-78-13, passed 5-8-78; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, § 4; 1982 Code § 153.155; 1983 Code § 15.153.155.]
18.195.020 Penalty.
(A) Any person who violates any provision of this title shall be subject to the penalties (or fines) set forth in Chapter 1.05 EMC and the penalties (or fines) set forth below:
(1) Any person who violates any provision of this chapter and who has received a citation from the Area Plan Commission in the form of a City ordinance violation citation shall be subject to a civil penalty (or fine) of up to $500.00 for the first violation. Additional violations within any consecutive 12-month period shall be as follows:
(a) Second violation – $1,000 penalty;
(b) Third violation – $2,500 penalty;
(c) Fourth violation – $5,000 penalty;
(d) Any additional violation – $7,500 penalty.
(2) A court of law may assess additional civil penalties for noncompliance.
(3) The civil penalties shall be paid to the City Clerk within 30 days of the date the citation is issued and corrective action(s) shall be taken as soon as possible to immediately bring the property into compliance with this title as required by ordinance. Violations of a continuing nature shall each be considered a separate offense for each day the property is not in compliance with any provision in this title.
(4) Failure to pay the penalty and take the necessary corrective action in a timely manner could result in the City filing suit in Vanderburgh Superior Court for payment of the civil penalty and all related court costs, and to bring about compliance of such property.
(B) Any person, firm or corporation, or anyone acting in behalf thereof, who shall violate or fail to comply with any of the provisions of this title by conduct or activity or the erection, construction, enlargement, conversion, moving, or maintenance of any building, structure, or use which is continued, operated or maintained, on land or water, used in whole or in part, contrary to any of the provisions of this title is declared to be in violation of this title. The Area Plan Commission may institute appropriate legal action to remove the violations and bring about compliance with this title. The action may also be instituted by any property owner who may be especially damaged by any violation of this title. The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(C) The Area Plan Commission may put a hold on issuing any new improvement location permits authorized under this title for any property that is in violation of any provision of this title.
(D) A change of venue from the County may not be granted in an action to enforce the provisions of this title. [Ord. G-2009-10 § 2, passed 8-10-09. 1983 Code § 15.153.999.]