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SECTION 10.4 - ENFORCEMENT Any person may be sued in a court of proper jurisdiction (where not specified by Indiana Code, in the Morgan Circuit or Superior Courts) to enjoin the violation of this ordinance. The Commission or the Board may by mandatory injunction in a court of proper jurisdiction require the removal of a structure erected in violation of this ordinance or proceed to enforce any violation of this ordinance or ruling of the Board of Zoning Appeals. C. A use that violates this ordinance shall be treated as if it were a common nuisance, and it may be abated in the same manner as such a nuisance. The above remedies are cumulative and the Commission and Board shall have the option oftaldng any of the above actions it chooses without waiving the right to any other action available and shall also have the right to proceed with all other remedies which are available under the law. SECTION 10.5 - AMENDMENT S All amendments to this ordinance shall be in accordance with Section 46 through 50, of Chapter 138 of the Acts of the Indiana General Assembly of 1957 and all Acts amendatory thereto. SECTION 10.6 - USES NOT LISTED It is recognized that in the development of a zoning ordinance, not all uses of land can be listed, nor can all future uses be anticipated. A "use" may have been omitted from the list of those specified as permissible in the various districts established by this ordinance, or questions may arise concerning words which are synonymous. In such instances the following procedures shall apply. A. When classification of use is appealed or referred to the Board it shall be the duty of the Board to ascertain all pertinent facts concerning said use and set forth in writing its findings and the reasons for designating a specific classification for such use. 1. Applicant shall file a request with the Commission for a decision by the Board. The Board may also initiate an application. The Board shall render a decision not less than thirty days after such application is made, and shall notify the applicant and any person requesting such notice of such decision. In classifying a use the Board shall first make a finding that all of the following conditions exist: 1. That investigation have disclosed that the subject use and its operations 85.