CHAPTER 214: ZONING CODE ENFORCEMENT § 214.360 Purpose § 214.361 Enforcement; violations § 214.999 Penalty § 214.360 PURPOSE. The purpose of this subchapter is to address the manner in which the enforcement, violation and penalties of this chapter are administered. § 214.361 ENFORCEMENT; VIOLATIONS. The enforcement of the provisions of this chapter, investigation into possible violations of this chapter and the penalties prescribed for violations of this chapter are as follows: (A) It shall be the duty of the Administrator to enforce these regulations and to bring any violations or lack of compliance to the attention of the Town Attorney who may file a complaint against the person and prosecute the alleged violation. (B) Any person may, by suit in the circuit or superior court of the county, enjoin the violation of this chapter. (C) The Board of Zoning Appeals by mandatory injunction in the circuit court of the county against the owner or possessor of the real estate, may require the removal of a structure erected in violation of this chapter, or the removal of any use or condition permitted in violation of this chapter. (D) A use that violates this chapter shall be treated as if it were a common nuisance, and the owner or possessor of the structure, land, or premises upon which the use is maintained shall be liable for such nuisance. (E) No Improvement Location Permit or Building Permit required under the Uniform Building Code or this chapter shall be issued on any property subject to this chapter in violation of the provisions of this chapter. (F) Attorney's Fees. Notwithstanding anything contained in this chapter to the contrary or appearing to the contrary, and in addition and supplementary to other provisions of this chapter, if the Board of Zoning Appeals is required to utilize the Town Attorney or any other attorney in investigating a possible violation of this chapter or enforcing the provisions of this chapter pursuant to division (C) or (D) of this section, § 214. 999 or any other section, before any board or court (including appeals), and such investigation results in a determination that a violation has occurred or if the Board of Zoning Appeals or Town is successful in its enforcement of the chapter by way of suit, appeal or other appropriate proceedings, the respondent, defendant or party investigated for a violation shall pay the Town’s reasonable attorney fees and all costs related to the investigation of the violation and/or the enforcement of this chapter, unless such attorney fees or costs are specifically waived by the Town Council. § 214.999 PENALTY. Any person whether owner or possessor, who shall violate, or who permits or allows a violation, of any of the provisions of this chapter, or who fails to comply therewith or with any requirements thereunder, or who shall build, reconstruct, or structurally alter any building in violation of any detailed statement or plan submitted, upon which an approval or grant is given under this chapter, shall, under complaint filed in any court of the county and upon judgment finding such violation, be fined not less than $10 and not more than $300, and each day that such violation on noncompliance shall be permitted to exist, shall constitute a separate violation. The Highland Plan Commission passed with a favorable recommendation the Zoning Ordinance at its meeting of September 8, 1999. It was certified to the Town Council on November 18, 1999. Adopted as Ordinance No. 1126, on 22 November, 1999 by the Town Council and amended at the same meeting by Ordinance No. 1126-A. Amendment was reviewed at the Plan Commission meeting of 15 December, 1999 and it was approved. The plan commission filed its approval formally at the meeting of the Highland Town Council, December 27, 1999.