20.100.130 Enforce a condition or commitment.
A. Authority. The Plan Commission may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in JCC 20.100.110, Request to remedy. A court of jurisdiction may enforce compliance with a condition or commitment.
B. Cause. A condition or commitment is not in compliance with terms of an approval.
C. General Procedure.
1. Issue Notice. Before or after bringing an action to the court of jurisdiction, the Plan Commission shall mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g., a vacant site) describing the noncompliance.
2. Investigation. Before or after bringing an action to the court of jurisdiction, the Plan Commission shall make reasonable attempt to investigate an alleged violation to determine if there is noncompliance.
3. Conditions. The Plan Commission shall bring an action to a court of jurisdiction to enforce a condition or commitment.
4. Court-Imposed Remedy. Any noncompliance shall be subject to any court-imposed remedy. The court-imposed remedy may include enforcing the condition or commitment, or be a unique court ruling that fulfills the intent of the Jasper County Comprehensive Plan and Unified Development Code. The severity of the court ruling may consider the severity of the noncompliance, impact to property values in the area, impact to quality of life in the area, impact to the health, safety and welfare of the public, repetitiveness of similar violations by the same violator, and/or the precedent that may be set by the ruling. If successful in the enforcement of the Unified Development Code, the court of jurisdiction may award Jasper County recuperation of its legal fees and administrative costs. [Ord. 12-27-11 § 10.13.]