A.
Notice of violation. When the SMO, his designee, or other designee
of the Board of Trustees determines that a land development activity
is not being carried out in accordance with the requirements of this
chapter, he may issue a written notice of violation to the landowner.
The notice of violation shall contain:
(1)
The name and address of the landowner, developer or applicant;
(2)
The address, when available, or a description of the building, structure
or land upon which the violation is occurring;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to bring the land
development activity into compliance with this chapter and a time
schedule for the completion of such remedial action;
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within 15 days
of service of notice of violation.
B.
Stop-work orders. The Building Inspector, his designee, or other
designee of the Board of Trustees may issue a stop-work order for
violations of this chapter. Persons receiving a stop-work order shall
be required to halt all land development activities, except those
activities that address the violations leading to the stop-work order.
The stop-work order shall be in effect until the Village confirms
that the land development activity is in compliance and the violation
has been satisfactorily addressed. Failure to address a stop-work
order in a timely manner may result in civil, criminal, or monetary
penalties in accordance with the enforcement measures authorized in
this chapter.
C.
Violations. Any land development activity that is commenced or is
conducted contrary to this chapter may be restrained by injunction
or otherwise abated in a manner provided by this chapter.
D.
Penalties. In addition to or as an alternative to any penalty provided
herein or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$1,000 or imprisonment for a period not to exceed 15 days, or both,
for conviction of a first offense; for conviction of a second offense
both of which were committed within a period of five years, punishable
by a fine not less than $1,000 nor more than $1,500 or imprisonment
for a period not to exceed 15 days, or both; and upon conviction for
a third or subsequent offense all of which were committed within a
period of five years, punishable by a fine not less than $1,500 nor
more than $2,000 or imprisonment for a period not to exceed 15 days,
or both. Each day, or part thereof, such violation continues following
notification by the Village shall constitute a separate offense punishable
in a like manner.
E.
Withholding of certificate of occupancy. If any building or land
development activity is installed or conducted in violation of this
chapter, the Stormwater Management Officer may prevent the occupancy
of said building or land.
F.
Restoration of lands. Any violator may be required to restore land
to its undisturbed condition or to such other condition as shall best
protect the property and the adjacent properties from the problems
of erosion and sediment deposits off the land that may be required
by virtue of the actions of the violator, all at the discretion of
the SMO. In the event that restoration is not undertaken within a
reasonable time after notice, the SMO may either:
(1)
Direct that the remediation and/or restoration work be performed
with Village personnel and/or third-party contractors and the cost
thereof shall constitute a lien, charge and levy upon the real property
by the Village Treasurer. Such charge shall include, among other things,
administrative, legal, and actual expenses incurred by the Village,
and shall be collected in the same manner provided by law for the
collection of delinquent real property taxes; or
(2)
Seek a court order to take any and all measures reasonably necessary
to abate the violation and/or restore the property, at the cost and
expense, including those of the litigation and the fees of witnesses
and attorneys, of the violator.
In addition to the enforcement processes any penalties provided,
and condition caused by or permitted to exist in violation of any
of the provisions of this chapter is a threat to public health, safety
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
