ORDINANCES & RESOLUTIONS 2011 - Laserfiche WebLink

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CHAPTER 11 —REMEDIES AND PENALTIES iAction on the violation of provisions of this ordinance and rights of injunction against such violation shall be as set out below and shall also include any and all remedies set out under Indiana Code 36-7-4 and all acts amendatory thereto. A. PENALTIES Any person or corporation or legal entity who shall violate any of the provisions of this Ordinance or fail to comply therewith or with any of the requirements thereof or who shall build,reconstruct or structurally alter any building in violation of any detailed statement or plan submitted and approved thereunder shall for each and every violation of non-compliance be subject to, in addition to the remedies set out above, a fine of not less than$10.00 or more than$1,000.00 as determined by the Plan Commission after considering the nature and impact of the violation as it pertains to the public interest, damages or potential damages to the adjoining property owners or general public interest and the length of the violation after notice was provided siting the violation. Each day that such violation of non-compliance shall be permitted to exist after notice of the violation is given shall be a distinct and separate violation subject to an additional citation. Violations shall be cited by the Town Building Inspector or any other entity directed by the Plan Commission to provide a citation showing the date,address, ordinance section number and violation of the ordinance,nature of the violation, time and manner and location to pay fine, a notice that each day is a new • violation,name, address and phone number of person issuing the citation and right to appeal the violation. All appeals of fines should be appealed to the Morgan Circuit or Superior Courts. Seeking a civil penalty as authorized in this Chapter does not preclude the Plan Commission or Board of Zoning Appeals(the designated enforcement entity) from seeking alternative and additional relief from the Court in the same action, or a separate action, or from seeking injunctive relief or any other remedy in a separate action for the enforcement of IC 36-7-4 or any ordinance adopted by the Town of Mooresville or action taken under IC 36-7-4. Payments can be made directly to the Mooresville Clerk/Treasurer's Office, a . citation not paid within thirty (30) calendar days of its issuance shall be deemed denied and the Plan Commission shall have the option of proceeding to a Court action to enforce the ordinance. Exhibit "B" 1 of 3