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Home My WebLink AboutZ-237 Zoning DefinitionsCITY OF CARMEL ORDINANCE Z-237 An Ordinance to Amend Z-160 As Amended and Amend Z-196 As Amended Section 1 - 1. PURPOSE WHEREAS, The City of Carmel and Township of Clay in Hamilton County, Indiana have established a comprehensive zoning ordinance. AND WHEREAS, The Ci£y of Carmel and Township of Clay recognize that the enforcement of the zoning ordinance is a means of effectuating compliance with the land development process within the City of Carmel and Township of Clay. NOW, THEREFORE, Be it ordained that t~e City of Carmel implements to impose civil monetary fines or penalties for violations of the zoning ordinance which may be enforced by the designated enforcement entity in accordance with the procedures set forth in Sections 3 - 6 of this ordinance. Section 1 - 2. DEFINITIONS (a) Terms used in this Ordinance are defined as follows: (1) Board: Board of Zoning Appeals; (2) Civil violation: The erection, alteration, enlargement, maintenance or use of any building, structure or land in violation of any provision of the Zoning Ordinance, Subdivision requirements, Sign Ordinance, Building Code applicable to such building, structur~ or land in the zone in which it is located; (3) Department: Department of Community Development; (4) Director: Director of the Department of Community Development; (5) Grace Period: Extension of time granted for correction, termination, or cessation of a civil violation of the Zoning Ordinance; Notice of violation: Notice issued by the Department; (6) (7) Repeated civil zoning violation: A recurring violation of the Zoning Ordinance at the same location; or a violation of the same section of the Zoning Ordinance at a different location by the same responsible party; (8) (9) (t0) Responsible party: Any person, firm or corporation, who uses property in violation of the Zoning Ordinance or who knowingly permits another person, firm or corporation to do so; Zoning Ordinance: Zoning Ordinance of the City of Carmel, Township of Clay, Hamilton County, Indiana codified as Z160, as amended, and the Sign Ordinance, Carmel/Clay Township, Hamilton County, Indiana, codified as Z196, as amended. Zoning Official: The Director of the Department of Community Development or his designee. Section 1 - 3. CIVIL VIOLATIONS; EXCEPTIONS (a) Any person, firm or corporation who uses property in violation of the Zoning Ordinance, or who knowingly permits another person, firm or corporation to do so, shall upon citation by the designated enforcement entity be deemed to have committed a civil zoning violation and shall pay to the City of Carmel a civil monetary fine in the amount prescribed by Sec. 1 - 4. (t) Each separate day of violation that remains uncorrected is a distinct and separate civil zoning violation subject to an additional citation and fine in the amount prescribed by Sec. 1 - 4. Section 1 - 4. SCHEDULE OF CIVIL MONETARY FINES. (a) The civil monetary fine for each civil zoning violation of the Zoning Ordinance shall be fifty dollars ($50.00), except as provided in Subsection (b) below. (b) For a repeated civil zoning violation by the same violator, the following fines shall apply: Second Violation Third Violation Fourth Violation $100.00 150.00 200.00 Each ViolatioD in excess of four 500.00 Section 1 - 5. CITATION FOR CIVIL ZONING VIOLATIONS (a) The Zoning Official or his duly authorized designee(s), upon verification of a civil zoning violation, may issue a civil citation to any responsible party(les) who commit(s) a civil zoning violation. The citation may be served by personal service or by certified mail or by placement in a conspicuous place on the property where the civil zoning violation occurs. If personal service of a civil zoning violation is made by a zoning official, said official will: (i) Wear on his person in a conspicuous manner, identification from the City of Carmel; and (2) Wear on his person in a conspicuous manner, identification of his employment with the Department. The citation shall serve as notice to the responsible party(les) that he has committed a civil zoning violation. (b) No citation shall be issued unless the violator has been issued a Notice of Violation with a minimum of 1 (one) and a maximum of 10 (ten) days before the issuance of the citation in order to allow the violator the opportunity to correct the violation and to come into compliance with the prescribed Section of the Zoning Ordinance. (c) The Notice of Violation shall include: (1) Date of issuance; (2) The name and address of the person(s) charged; (3) Section number of the Zoning Ordinance that has been violated; (4) Nature of the Civil Violation; (5) The place and time that the Civil Violation occurred; (6) Range of fines which could be assessed upon continued noncompliance activity; (7) Specific time allowed to bring the Civil Violation into compliance; 3 (8) Name, business address and telephone number of Zoning Official issuing the Notice of Violation; and (9) Date and time of notice given and number of days given on notice. The citation shall be on a form adopted by the Department and shall include: (1) Date of issuance; (2) The name and address of the person(s) charged; (3) Section number of the Zoning Ordinance that has been violated; (4) Nature of the Civil Violation; (5) The place and time that the Civil Violation occurred; (6) Amount of the civil fine assessed; (7) The date, time and location of the Court in which the civil violation will adjudicate; and (8) Name, business address and telephone number of Zoning Official issuing the citation; and (9) Date and time of notice given and number of days given on notice. Section 1 - 6. TRIAL FOR CIVIL ZONING VIOLATION (a) Upon issuance of the citation, the Zoning Official shall forward a copy of the citation to the designated enforcement entity and the City Court of the City of Carmel, Indiana, shall schedule the case for trial. The City Attorney, his designee, or the Department of Community Development is responsible for the enforcement of this ordinance. 4 Ail procedures will be in compliance with the Indiana Rules for Civil Procedure, and will adopt Court cost recovery for infractions according to the State of Indiana. (b) In proceedings before the Court for a Civil Zoning Violation. (1) The designated enforcement entity has the burden of proving the Civil Zoning Violation and the violator committed the infraction, by a preponderence of the evidence persented at trial; (2) The violator may question all witnesses who appear for the designated enforcement entity and produce evidence or witnesses on the violator's behalf; (c) A person found guilty of a civil zoning violation is liable for the fine, Court costs and fees. No costs may be assessed against the designated enforcement entity in any such action. (d) Seeking a civil penalty as authorized in this section, does not preclude the designated enforcement entity from seeking alternative relief from the Court in the same action, or from seeking injunctive relief available under the law of the State of Indiana, or any other remedy in a separate action for the enforcement of the Zoning Ordinance; (e) When a violator has been found guilty of a Civil Zoning Violation, the Court may impose additional civil penalties and grant appropriate relief to abate or halt the violation, and the Court may direct that payment of the civil monetary fine or additional civil penalties be suspended or deferred under conditions established by the Court. If a violator fails to pay the civil penalty or violates the terms of any other order imposed by the Court, the failure is contempt; and (f) A change of venue from Carmel, Indiana, shall not be granted in such a case. 5 This Ordinance shall be in full force and effect from and after its passage. Passed by the Co~on Council of the City of Carm%l, Indiana, on the /f ~ / ~ cOMMON COUNCIL, CARMEL, INDIANA Presiding Officer ATTEST: APPROVED: BY: " Mayor, C~ty ~f~a~mel, Indiana ATTEST: ~ccUsan Jones lerk/Treasurer