The Planning and Zoning Administrator is responsible for the
interpretation, administration and enforcement of the provisions of
this chapter unless otherwise expressly stated.
A.
It is unlawful and a violation of this chapter for any person, firm
or corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish, equip, use, occupy or maintain
any building or structure or use any land in the Village, or cause
any of these actions, contrary to or in violation of any of the provisions
of this chapter. Any violation of a provision of this chapter, including
but not limited to all of the following, may be subject to the remedies
and penalties provided for in this chapter.
(1)
To use land or buildings in any way not consistent with the
requirements of this chapter;
(2)
To erect a building or other structure in any way not consistent
with the requirements of this chapter;
(3)
To install or use a sign in any way not consistent with the
requirements of this chapter;
(4)
To engage in the use of a building or land or any other activity
requiring one or more permits or approvals under this chapter without
obtaining such required permits or approvals;
(5)
To engage in the use of a building or land or any other activity
requiring one or more permits or approvals under this chapter in any
way inconsistent with any such permit or approval or any conditions
imposed on the permit or approval;
(6)
To violate the terms of any permit or approval granted under
this chapter or any condition imposed on the permit or approval;
(7)
To obscure, obstruct or destroy any notice required to be posted
or otherwise given under this chapter;
(8)
To violate any lawful order issued by any person or entity under
this chapter; or
(9)
To continue any violation after receipt of notice of a violation.
B.
Each day that a violation remains uncorrected after receiving notice
of the violation from the Village constitutes a separate violation
of this chapter.
The Village has all remedies and enforcement powers allowed
by law, including the following:
A.
Withhold permit. The Planning and Zoning Administrator may deny or
withhold permits, certificates or other forms of authorization on
any land or structure or improvements upon which there is an uncorrected
violation of a provision of this chapter or of a condition or qualification
of a permit, certificate, approval or other authorization previously
granted by the Village. This enforcement provision may be used regardless
of whether the current owner or applicant is responsible for the violation
in question.
B.
Permits approved with conditions. Instead of withholding or denying
a permit or other authorization, the Planning and Zoning Administrator
may grant such authorization subject to the condition that the violation
be corrected.
C.
Revoke permits.
(1)
Any permit, certificate or other form of authorization required
under this chapter may be revoked by the Planning and Zoning Administrator
when the Planning and Zoning Administrator determines:
(2)
Written notice of revocation must be served upon the owner,
the owner's agent or contractor, or upon any person employed on the
building or structure for which such permit was issued. If no persons
can reasonably be served with notice, the notice must be posted in
a prominent location. After delivery or posting of notice, no construction
or development may proceed.
D.
Withhold public utility service. The Planning and Zoning Administrator
may require that public utility service be withheld until such time
as the structure or premises are no longer in violation of this chapter.
E.
Stop work. With or without revoking permits, the Planning and Zoning
Administrator may order work to be stopped on any building or structure
on any land on which there is an uncorrected violation of a provision
of this chapter or of a permit or other form of authorization issued
under the Zoning Ordinance.
F.
Revoke plan or other approval. Where a violation of this chapter
involves a failure to comply with approved plans or conditions to
which the approval of such plans was made subject, the Planning and
Zoning Administrator may, upon notice to the applicant and other known
interested parties (including any holders of building permits affected):
a) revoke the plan or other approval, or b) condition its continuance
on strict compliance with this chapter or the provision of security
to ensure that construction is completed in compliance with approved
plans, or such other conditions as the Planning and Zoning Administrator
may reasonably impose.
G.
Injunctive relief. The Village may seek an injunction or other equitable
relief in court to stop any violation of this chapter or of a permit,
certificate or other form of authorization granted under the Zoning
Ordinance.
H.
Abatement. The Village may seek a court order in the nature of mandamus,
abatement, injunction or other action or proceeding to abate or remove
a violation or to otherwise restore the premises in question to the
condition in which they existed prior to the violation.
I.
Other enforcement powers. In addition to all other actions and penalties
authorized in this article, the Village Attorney is authorized to
institute any other appropriate judicial or administrative actions
or proceedings to prevent, enjoin, abate, or remove any violations
of this chapter.
Nothing in this chapter prohibits the continuation of valid enforcement actions initiated by the Village before the effective date specified in § 475-103.
The remedies and enforcement powers established in this chapter
are cumulative, and the Village may exercise them in any combination
or order.
The owner or tenant of any building, structure, premises, or
part thereof, and any architect, builder, contractor, or agent, or
other person who commits, participates in, assists in, or maintains
such violations may each be found guilty of a separate offense and
be subject to penalties, remedies and enforcement actions.
A.
Non-emergency matters. In the case of violations of this chapter
that do not constitute an emergency or require immediate attention,
the Planning and Zoning Administrator must give notice of the nature
of the violation to the property owner or to any other person who
is party to the approval or to any applicant for any relevant permit
in the manner stated in this section, after which the persons receiving
notice have 10 days to correct the violation before further enforcement
action may be taken. Notice must be given in person by hand delivery
or by U.S. Mail or by posting notice on the premises. Notices of violation
must state the nature of the violation and the time period for compliance
and may state the corrective steps necessary and the nature of subsequent
penalties and enforcement actions should the situation not be corrected.
When no current address exists for the owner and attempts to reach
the owner have been unsuccessful, notice may be posted on the property.
In that case, documentation must be maintained in the case file of
the unsuccessful attempts to reach the property owner and a photograph
of the posted notice must be retained as part of the case file.
B.
Emergency matters. In the case of violations of this chapter that
constitute an emergency situation as a result of public health or
safety concerns or violations that will create increased problems
or costs if not remedied immediately, the Village may use the enforcement
powers available under this chapter without prior notice, but the
Planning and Zoning Administrator must attempt to give notice simultaneously
with beginning enforcement action. Notice may be provided to the property
owner, to any other person who is party to the approval and to applicants
for any relevant permit.
