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Wherever in this code it is provided that anything must be done to the approval of or subject to the direction of the building director, building official or any other officer of the village, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by this code have been complied with; and no such provision shall be construed as giving any officer discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by this code or other ordinance or to enforce this code in an arbitrary or discriminatory manner. (Ord. 2014-46, 6-3-2014; amd. Ord. 2020-56, 6-16-2020)
Whenever any work is being conducted in violation of the provisions of this code, or in variance with the terms of any permit issued for such work, the building director may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this code corrected. Such stop order, if oral, shall be followed by a written stop order within forty eight (48) hours unless the following day is a Saturday, Sunday or holiday, in which event, said written stop order shall issue within twenty four (24) hours of the next succeeding workday.
It shall be unlawful to perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property.
The building director, planning and development director or the village administrator may revoke such stop order. (Ord. 2014-46, 6-3-2014; amd. Ord. 2020-56, 6-16-2020)
Appeals must be submitted in writing to the village administrator within thirty (30) days after the building director or other code official issues the written ruling from which the appeal is taken. The village administrator shall hear and rule upon appeals from the decisions of the building director with regard to the interpretation and application of the provisions of this code, with respect to all matters in which he/she is given discretionary powers. In the event any permit is denied to any applicant, the village administrator shall hear and rule upon the appeal from the decision denying such permit. The applicant shall be given the opportunity to present evidence that the building director or other code official has unreasonably denied the permit requested, or has unreasonably stopped the appellant's work or has otherwise acted unreasonably in the enforcement of this code. (Ord. 2014-46, 6-3-2014; amd. Ord. 2020-56, 6-16-2020)
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this code (except for sections 9-6-1 and 9-6-3 of this title) shall be fined not less than one hundred dollars ($100.00), nor more than five hundred dollars ($750.00) for each offense. A separate and distinct offense shall be deemed committed each day in which a violation occurs or continues. (Ord. 2014-46, 6-3-2014; amd. Ord. 2020-56, 6-16-2020)
Nothing in this title shall be construed as limiting any judicial remedies that the village may have, at law or in equity for enforcement of this title, including, but not limited to, all rights and remedies pursuant to section 11-31-2 of the Illinois municipal code 1 . In the event the building director, planning and development director or village engineer reasonably determines that: a) the condition of a building or structure poses a risk of immediate harm to any person and/or property, or b) the delay in complying with the notice provisions and in permitting said owner and/or developer an opportunity to cause the building or structure to conform to minimum applicable health and safety standards as required under 65 Illinois Compiled Statutes 5/11-31-2 would unreasonably endanger the safety or health of any person(s) and/or property, then the village attorney and/or the village prosecutor may apply to a court of competent jurisdiction for a temporary restraining order, preliminary injunction and/or permanent injunction requiring compliance. (Ord. 2014-46, 6-3-2014; amd. Ord. 2020-56, 6-16-2020)
Notes
1 | 1. 65 ILCS 5/11-31-2. |