CHAPTER 19-7
ENFORCEMENT, VIOLATION, AND PENALTY

19-7-1 Enforcement.

The Prairie Band of Potawatomi Nation Zoning Administrator shall administer and enforce these Zoning and Subdivision regulations. Appeals from the decision of the Zoning Administrator may be made to the Board of Zoning Appeals.

19-7-2 Land Use Permit Required.

(A)    Subsequent to the effective date of these Zoning and Subdivision regulations, except for agricultural uses, no change in the use of land nor any change in the use of an existing building shall be made until a land use permit has been issued by the Zoning Administrator. The Zoning Administrator shall not issue this permit unless the proposed use of the property meets all requirements of these Regulations.

(B)    No permit for excavation or erection or alteration of any building shall be issued before an application has been made and approved for a land use permit, and no building or premises shall be occupied until this permit is approved.

(C)    A record of all land use permits shall be kept on file in the office of the Zoning Administrator and copies shall be furnished to any person having an interest in the land or building affected.

19-7-3 Application Requirements.

(A)    Application. Every application for a land use permit shall be accompanied by a drawing, drawn to scale, showing the actual dimensions of the zoning lot in reference to a recorded plat, if any exists, and showing the location, ground area, height, and bulk of all present and proposed structures, drives and parking, loading spaces, signs, building lines in relation to lot lines, the use to be made of such structures, and such other information as may be required by the Zoning Administrator for the proper enforcement of regulations.

(B)    Issuance. Land use permits shall be either issued or refused by the Zoning Administrator within ten (10) days after the receipt of an application thereof or within such further period as may be agreed to by the applicant. When the Zoning Administrator refuses to issue a land use permit, he or she shall advise the applicant in writing of the reasons for the refusal.

(C)    Permit Revoked. A permit issued in accordance with the provisions of these Regulations may be revoked by the Zoning Administrator if he or she finds that, prior to the completion of the structure for which the permit is issued, there is a departure from the approved plans, specifications, and/or requirements or conditions required under the terms of the zoning permit, or the same was issued under false representation, or that any other provisions of these Regulations are being violated.

(D)    Period of Validity. Permits shall become null and void ninety (90) days after the date on which they are issued unless within said period construction, structural alteration, or moving of a structure is commenced or a use is commenced. If the construction or work is abandoned or suspended for any one hundred eighty (180) day period after such a permit is issued, then application must be made for a new permit.

(E)    Fees. Any application for a land use permit, appeal, variance, special use permit, or amendment (change in zoning district), shall be accompanied by such fee as shall be officially specified by resolution from time to time by the Governing Body.

19-7-4 Violation and Penalty.

(A)    The owner or his/her agent of a building or premises in or upon which a violation of any provision of these Regulations has been committed or shall exist; or the leasee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist; or the agent, architect, building contractor, or any other person who commits, takes part, or assists in any violation, or who maintains any building or premises in or upon which a violation has been committed or shall exist, shall be punished by a fine not to exceed five hundred (500) dollars, or by imprisonment for not more than six (6) months for each offense, or by both such fine and imprisonment. Each and every day that such violation continues shall constitute a separate offense.

(B)    In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of these Regulations, the appropriate authorities of said area, in addition to other remedies, may institute an injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, or maintenance or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land.