(A) Unlawful Acts: It shall be unlawful for any person, firm or corporation, or any agent, employee or contractor of such, to erect, construct, alter, extend, repair, remove, demolish, use or occupy any building or structure or equipment regulated by the provisions of this Code or cause same to be done, contrary to or in conflict with or in violation of any provisions of this title.
(B) Notice Of Violation:
1. Whenever the Building and Zoning Enforcement Officer shall determine, in the course of his duties, that a violation of any provision of this title exists, the Building Officer shall issue to the owner of the property and, in the Building Officer's sole discretion, to any known agents of the property owner a written notice of violation, which notice may be in letter form containing the following information:
a. Description of nature and location of violation;
b. Village Code provision being violated;
c. Potential penalty for continued violation;
d. A request for the activity constituting the violation to immediately cease and/or a request for immediate appropriate action to remedy the violation; and
e. Notification that a re-inspection for compliance will occur on a specified date not less than seven (7) days after date of the notice.
2. Upon re-inspection, if the Building and Zoning Enforcement Officer finds that the violation continues, the Building Officer shall at his discretion issue to the property owner and, to any known agents of the property owner a second written notice of violation, attaching a copy of the first notice of violation. The second notice of violation shall state that if compliance is not achieved by a second re- inspection to occur on a specified date not less than seven (7) days after the date of the second notice, the matter will be referred to the Village Attorney for appropriate action.
3. Upon receipt of appropriate notification from the Building and Zoning Enforcement Officer, the Village Attorney shall notify the property owner and, in the Village Attorney's sole discretion, any known agents of the property owner in writing that if the violation is not abated within the later of ten (10) days from the date of said notice or the expiration of the right of the property owner to appeal the determination of the Building Officer pursuant to section 4-1-8 of this chapter, the Village will undertake legal action.
(C) Stop Work Order:
1. Whenever the Building and Zoning Enforcement Officer shall determine, in the course of his duties, that any activity regulated by the provisions of this title is proceeding in an unsafe and dangerous manner or poses an immediate or imminent threat to the public health, safety or welfare, that officer shall have the authority to serve notice, either written or orally, for that activity to immediately stop, notwithstanding the provisions of this section.
2. The stop work order shall be in a written form and shall be prominently posted on the property so as to provide notice to the owner, owner's agent, and to all persons working or seeking to work on the property. The order shall state the conditions under which activity may resume and any other information that may assist in the rescission of the order.
3. If compliance with the conditions described in the stop work order is not obtained within twenty four (24) hours, the officer shall refer the matter to the Village Attorney, in consultation with the Village Administrator, to institute the appropriate proceeding at law or in equity necessary to address the unsafe conditions.
4. Upon removal of the cause for the stop work order, the officer shall rescind the order; however, until such removal, any other person removing or defacing the notice shall be fined in an amount not less than in accordance with section 4-1-9, "Violations And Penalties", of this chapter.
(D) Unlawful Continuance: Any person who shall continue the activity after having been served with a notice of violation or who shall continue or commence any work on property posted with a stop work order, except such work as the individual has been directed to perform to remove a violation or unsafe conditions, shall be liable for a fine of not more than seven hundred fifty dollars ($750.00) per day. Each day that the individual continues shall be deemed a separate offense.
(E) Abatement Of Violation: The procedure for enforcement herein prescribed shall not preclude the Village Attorney, in consultation with the Village President, from instituting such other action as may be deemed necessary to prevent construction or occupancy of a building or structure or other use of property in conflict with the provisions of this title, or to stop, restrain, correct or abate an act or omission in violation of the provisions of this title. (Ord. 18-09, 8-27-2018, eff. 1-1-2019)