Any firm, corporation or person who violates any provision of this zoning ordinance is responsible for a municipal civil infraction as defined in § 1-20 of the Code of Ordinances, subject to payment of a civil fine as set by Village Council resolution from time to time, plus costs and other sanctions, for each infraction.
Any building or structure which is erected, altered or converted,
or any use of premises or land which is begun or changed subsequent
to the effective date of this chapter and in violation of any of the
provisions hereof is hereby declared to be a public nuisance per se
and may be abated by order of any court of competent jurisdiction.
The owner of any building, structure or premises or part thereof
where any condition in violation of this chapter shall exist or shall
be created, and who has assisted knowingly in the commission of such
violation, shall be responsible for a separate offense and be liable
for the fines herein provided.
A separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
The rights and remedies provided herein are cumulative and in
addition to any other remedies provided by law.
A.
Where in this chapter there is delegated to the Zoning Board of Appeals,
Village Council or the Planning Commission the function of establishing
certain physical site improvements as a contingency to securing a
zoning amendment, site plan approval, special approval or variance,
the Zoning Board of Appeals, Village Council or the Planning Commission
may, to ensure strict compliance with any regulation contained herein
or required as a condition of the issuance of a permit, require a
cash, performance or surety bond executed by a reputable surety company
authorized to do business in the state, or irrevocable letter of credit,
in an amount determined by the Zoning Board of Appeals, Village Council
or the Planning Commission to be reasonably necessary to ensure compliance
hereunder; provided, however, that in fixing the amount of such cash,
performance, surety bond or irrevocable letter of credit, consideration
shall be given to the size and scope of the proposed improvement project,
current prevailing cost of rehabilitating the premises upon default
of the operator, estimated expenses to compel the operator to comply
by court decree, and such other factors and conditions as might be
relevant in determining the sum reasonable in the light of all facts
and circumstances surrounding each application.
B.
The performance guarantee shall be deposited with the Village Council
at the time of the issuance of the permit authorizing the activity
or project.
C.
The Village Council shall establish procedures whereby a rebate of
cash deposits, in reasonable proportion to the ratio of work completed
on the required improvements, will be made as work progresses.
D.
As used in this section, "improvements" means those features and
actions associated with a project which are considered necessary by
the body or official granting approval to protect natural resources
or the health, safety and welfare of the residents of the Village
and future users or inhabitants of the proposed project or project
area, including, but not limited to, roadways, paving, walls, curbing,
striping, lighting utilities, sidewalks, screening landscaping and
drainage.
E.
A certificate of occupancy for any improvement will not be issued nor shall the property be used or occupied in any way until the required physical site improvements are fulfilled. In instances where all improvements as required by this chapter are not completed and a temporary certificate of occupancy is requested, the cost of such remaining improvements shall be estimated by the Zoning Administrator, taking into account the criteria listed above. The Zoning Administrator may grant temporary occupancy if use of the premises does not constitute a hazard or nuisance. Temporary occupancy will not be granted until satisfactory cash bond or irrevocable letter of credit in the amount of the estimated cost of completion is filed with the Village Council. If the work is not completed by the date specified on the temporary occupancy permit, the Village Council may use the cash, surety bond or irrevocable letter of credit to complete the improvements. Issuance of a temporary certificate of occupancy is also subject to the provisions of Article XXIV, § 155-24.03B(5), temporary certificates.
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Objection to a performance guarantee requirement must be in
writing and filed with the Village Council within 30 days of notice
of the requirement. The determination of the Village Council shall
be final.
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