§ 36-7-4-1014 — Remedies and enforcement; allowable actions

(a) The plan commission, board of
zoning appeals, or any enforcement official designated in the zoning
ordinance may bring an action under IC 36-1-6 to enforce any
ordinance adopted or action taken under this chapter.
(b) The plan commission, board of zoning appeals, or any
enforcement official designated in the zoning ordinance may also bring
an action to enforce:
(1) conditions imposed by the commission or board of zoning
appeals under this chapter; or
(2) covenants made in connection with a subdivision plat, a
development plan, or a PUD district ordinance (as defined in
section 1503 of this chapter).
(c) ADVISORY. In addition, in each county having a metropolitan
plan commission, if the county or second class city adopts a zoning
ordinance under this chapter, then that unit may also invoke any
remedy under this section. However, the county may do so only outside
the corporate boundaries of the city, and the city may do so only within
its corporate boundaries.
(d) The plan commission, board of zoning appeals, or designated
enforcement official may invoke any legal, equitable, or special remedy
in an action described in subsection (a) or (b).
(e) An action for the levy of a fine or penalty for enforcement of a
zoning ordinance may be brought in any court located within the
jurisdiction of the plan commission or board of zoning appeals.
(f) If the plan commission, board of zoning appeals, or designated
enforcement official is successful in an action brought under this
section, the respondent shall bear the costs of the action. A change of
venue from the county may not be granted in such an action.
[Pre-Local Government Recodification Citations: 18-4-8-9
part; 18-7-2-20 part; 18-7-2-84.1 part; 18-7-3-8.5; 18-7-4-1014;
18-7-4-1015 part; 18-7-4-25 part; 18-7-5-28 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by
P.L.220-1986, SEC.27; P.L.2-1989, SEC.27; P.L.261-1993, SEC.1;
P.L.16-1995, SEC.13; P.L.320-1995, SEC.19; P.L.126-2011,
SEC.35.