SECTION 6

ENFORCEMENT

A.      Inspection of Property - Right of Entry.

Subject to obtaining the consent of the owner / occupant of a premises, the Director 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 ordinance. In no event shall the Director have the right to enter residential structures or other structures not open to the public without the permission of the owner / occupant or an administrative search warrant first obtained. Prior to entering such residential structures or other structures not open to the public, the Director shall advise the owner / occupant that such owner / occupant is not required to grant entry without the presentation of an administrative search warrant.

In the event that access is denied by the owner / occupant of a premises, the Director may make application to any judge of the Municipal, Circuit or Superior Courts of Vigo County, Indiana, for the issuance of an administrative 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 ordinance 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 nonconforming use to the best of the affiant's belief. Any warrant issued pursuant to such application shall order such owner or occupant to permit entry to the Director for the purposes stated therein.

B.    Stop-Work Order.

The Director 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.    Site improvement is occurring without an Improvement Location Permit or any other permit required by this ordinance having first been obtained; or,

2.    Site improvement is occurring in violation of the terms, conditions or provisions of this ordinance; 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 filed in connection with a petition for zone map amendment; or, other approval grant authorized by this Ordinance.

The Stop-Work order shall be posted on the property in a conspicuous place, or personally delivered to the owner, possessor, or person in charge and state the conditions under which construction or other activity may be resumed. The Director 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.

The Plan Commission may institute a lawsuit in a court of competent jurisdiction to enforce the provisions of a Stop-Work Order.

C.      violations.

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 Section 6, D. below:

1.    The location, erection, or maintenance of any sign not specifically permitted by this ordinance;

2.    The failure to obtain an Improvement Location Permit when one is required by the terms and provisions of the this ordinance;

3.    The outdoor storage of junk, trash or debris in any zoning district the provisions of which do not specifically permit such a use;

4.    The storage of inoperable motor vehicles or motor vehicle parts in any zoning district the provisions of which do not specifically permit such a use;

5.    The parking or storage, in any zoning district the provisions of which do no specifically permit such a use, of any motor vehicle used or designed: (a) for use in pulling, towing, hauling, transporting; or, (b) 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 twelve feet). However, this provision does not apply to motor vehicles which do not exceed three-quarter ton load classification in size and which are the primary source of transportation for an individual whose primary place of residence is the particular dwelling at which the commercial motor vehicle is parked on a regular basis.

6.    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;

7.    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;

8.    Failure to comply with zoning district development standards, including but not limited to landscaping, paving or striping of parking areas, minimum parking space requirements, trash dumpster enclosure, fencing or screening requirements;

9.    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 filed in connection with a petition for zone map amendment; or, other approval grant authorized by this Ordinance;

10.   The violation of a Stop-Work Order issued pursuant to this Section G; and,

11.            Failure to comply with any other provisions of this ordinance.

D.      Penalties for Violation.

Any person who commits a civil zoning violation as defined in Section 6, C. above may be issued a citation by the Director.

Subject to the provisions of Section 6, D., 1. below, each day 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 Ordinance.

1.      Procedures.

a.      The Director 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 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.

a.                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 interest has been served with a notice to correct the civil zoning violation at least ten (10) days before the issuance of a citation to allow said person an opportunity to correct the violation and to come into compliance with the prescribed 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 this Section 6.

c.      If a person who is served with a notice of civil zoning violation or receives a citation elects to file a land use petition to correct such violation, then the person must indicate the intent to file such a land use petition on the served notice or citation and return a copy to the Plan Commission. A person shall have ten (10) days from service of a notice of civil zoning violation or receipt of citation to file the land use petition. During the pendency of said land use petition the issuance of additional citations and additional monetary fines as prescribed in Section 6, D., 2. shall be stayed. A person who files the land use petition within said time period shall pursue the land use petition in an expeditious and diligent manner. If the land use petition is denied, withdrawn or dismissed and the civil zoning violation continues, then a lawsuit may be commenced by the Plan Commission, Board or appropriate enforcement official as provided by applicable laws.

2.      Fines.

The monetary fine for the first citation for a civil zoning violation shall be Fifty Dollars ($50.00), and the following monetary fines shall apply for each subsequent citation:

Second Citation       $100.00

      Third Citation      $150.00

      Fourth Citation      $200.00

      Each additional       $300.00

Provided, however, in no event shall a subsequent citation be issued within ten (10) days of the issuance of a previous citation, nor shall, the total monetary fine for each civil zoning violation exceed Two Thousand Five Hundred Dollars ($2,500.00).

All fines prescribed by this Section 6 for civil zoning violations shall be paid to the Vigo County Treasurer, 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 County. All fines thus received shall be deposited with the Vigo County General Fund.

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 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 o£ additional citations and additional monetary fines as prescribed in Section 6, D., 2. shall be stayed upon receipt of the notice. The notice shall be given at least five (5) days before the date that payment of the. citation is due as set forth in Section 6, D., 3., b. below- On receipt of the notice of intention to stand trial, a lawsuit may be commenced by the Plan Commission, Board or appropriate enforcement official as provided by applicable law to enforce the terms and provisions of this ordinance.

b.      If a person who receives a citation fails to: (a) pay the assessed fine within forty-five (45) days after the issuance of a citation; (b) file a land use petition as prescribed in Section 6, D., 1., c. above; or, (c) give notice of his intention to stand trial as prescribed in Section 6, D., 3., a. above, the Plan Commission, Board or designated enforcement official may file a lawsuit as provided by applicable law to enforce the terms and provisions of this ordinance.

c.      Seeking a civil penalty as authorized in this Section 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 Indiana Code 36-7-4 or any ordinance adopted or action taken under Indiana Code 36-7-4.