[R.O. 2011 §400.300; Ord. No. 01-10 §1(6.01), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Whenever the Zoning Administrator receives a written, signed
complaint alleging a violation of this Chapter, he or she shall investigate
the complaint, take whatever action is warranted and inform the complainant
in writing what actions have been or will be taken.
[R.O. 2011 §400.305; Ord. No. 01-10 §1(6.02), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
The owner, tenant or occupant of any building or land or part
thereof and any architect, builder, contractor, agent or other person
who participates in, assists, directs, creates or maintains any situation
that is contrary to the requirements of this Chapter may be held responsible
for the violation and suffer the penalties and be subject to the remedies
herein provided.
[R.O. 2011 §400.310; Ord. No. 01-10 §1(6.03), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
If
the Zoning Administrator finds that any provision of this Chapter
is/are being violated, he or she shall send a written notice to the
person responsible for such violation, indicating the nature of the
violation and ordering the action necessary to correct it. Additional
written notices may be sent at the Administrator's discretion.
B.
The final written notice (and the written notice may be the final notice) shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the Administrator's decision or order may be appealed to the Board of Adjustment in accordance with Section 400.950.
C.
Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this Chapter or pose a danger to the public health, safety or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in Section 400.950.
[R.O. 2011 §400.320; Ord. No. 01-10 §1(6.05), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
A zoning,
sign, variance or conditional use permit may be revoked by the permit-issuing
authority (in accordance with the provisions of this Section) if the
permit recipient fails to develop or maintain the property in accordance
with the plans submitted, the requirements of this Chapter or any
additional requirements lawfully imposed by the permit-issuing board.
B.
Before a conditional use permit or variance may be revoked, all of the notice and hearing and other requirements of Article VI shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.
1.
The burden of presenting evidence sufficient to authorize the permit-issuing authority to conclude that a permit should be revoked for any of the reasons set forth in Subsection (A) shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.
2.
A motion to revoke a permit shall include, insofar as practicable,
a statement of the specific reasons or findings of fact that support
the motion.
C.
Before
a zoning or sign permit may be revoked, the Administrator shall give
the permit recipient fifteen (15) days' notice of intent to revoke
the permit and shall inform the recipient of the alleged reasons for
the revocation and of his or her right to obtain an informal hearing
on the allegations. If the permit is revoked, the Administrator shall
provide to the permittee a written statement of the decision and the
reasons therefore.
D.
No
person may continue to make use of land or buildings in the manner
authorized by any zoning, sign, variance or conditional use permit
after such permit has been revoked in accordance with this Section.
[R.O. 2011 §400.325; Ord. No. 01-10 §1(6.06), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Every decision of the Board of Adjustment granting or denying
a conditional use permit and every final decision of the City Council
shall be subject to review by the Circuit Court of Grundy County by
proceedings in the nature of certiorari.
