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(A) Authority. The Director of Community Development and his designees are authorized to exercise the police power of the village in such manner and to such extent as any code official determines that the character of the violation and the interests of public health, safety and welfare warrant to secure compliance with the provisions of this article and this Code.
(B) Enforcement actions. The Director of Community Development and his designees are authorized and shall demand compliance with the provisions of this title and this Code through enforcement actions including, but not limited to, the issuance of a stop work order, a determination that the dwelling unit is uninhabitable and order the unit be vacated, notice of violation, citation or ticket, prosecution for violations, and to recover any penalty or fine and authorized attorney's fees and costs, the institution of the appropriate action of law or in equity to restrain, correct or abate such violation or to require the removal of the unlawful use or act and the filing of liens and judgments against property, as authorized by law. In addition, the Director of Community Development may seek the suspension and/or revocation of any license issued hereunder if the licensee is in continuing violation of any law or ordinance, or that a nuisance violation pertaining to tenant activity on the premises has or continues to occur, or that the licensee is operating in a manner not conducive to the public health, morals or safety. Prior written notice of a violation shall not be required for the initiation of enforcement actions. The Director of Community Development or his designees shall institute or cause to be instituted the appropriate legal proceedings to prosecute, restrain, correct or abate any violation or to require removal or termination of the unlawful use of the premises, building or structure in violation of the provisions of this title or of any order or direction made pursuant thereto.
(C) Service. Written notice of enforcement actions shall be served upon the owner, a duly authorized agent or upon the occupant or other person responsible for the condition that is the subject of the enforcement action violation. If the enforcement action concerns a nuisance violation pertaining to violations on or near the premises by the tenant, household member, guest or other party in the control of the tenant, the village shall provide written notice to the tenant of such enforcement action. Such notice shall be served either by delivering a copy of same to such person or persons by ordinary mail to the last known post office address, delivered in person or by delivering it to and leaving it in the possession of any person in charge of the premises, or in case such person is not found upon the premises and reasonable attempts to locate the individual or a valid address have been unsuccessful, by affixing a copy thereof, in a conspicuous place at the entrance door or avenue of access; and such procedure shall be deemed equivalent of personal notice.
(D) Fines. Any person or legal entity who violates any provision of this article or provisions of this Code or fails to comply with any of the requirements thereof shall be subject to a fine for each offense of not less than $150 nor more than $1,000. Each day that a violation continues shall be deemed a separate offense.
(E) Suspension or revocation of residential rental license. Any person or legal entity who violates any provision of the article or the provisions of this Code or fails to comply with any of the requirements thereof shall be subject to suspension or revocation of their license.
(F) Pre-court compliance and payment of fines. Any person charged with any violation of this article who has since come into compliance and who desires to pay the applicable fine in advance of a court or administrative adjudication hearing may contact the village and request a re-inspection or shall fully comply with the residential rental licensing provisions of this chapter. Upon verification of compliance, the village may accept prepayment of any fine, or may otherwise agree to dispose of the matter in advance of a court or administrative adjudication hearing, subject to the following conditions:
(1) No pre-court payment shall be made more than five days from the date on the ticket that set forth the court hearing;
(2) A receipt shall be issued for any pre-court payment;
(3) Any violation for which the fine or penalty is paid in full by pre-court-payment as provided in this subsection shall not be subject to further prosecution;
(4) If more than two violations are issued for the same property in any one year period, only the first two violations may be subject to the pre-court or administrative adjudication hearing payment pursuant to this subsection;
(5) Any violation for which a fine is sought shall be confirmed by the code official to be in compliance no less than five days before the date of a court hearing set for such violation at the request of the person receiving the citation alleging the violation.
(6) No pre-court payment shall be available to any person who has received a notice of suspension or revocation of their license.
(7) No pre-court payment shall be available to any person who has received more than three violations issued for the same property.
(Ord. 2014-09-46, passed 9-15-2014; Ord. 2016-06-28, passed 6-6-2016)