(A) Responsibility of enforcement. The Community Development Director or his or her designee shall enforce the provisions of this UDO.
(B) Types of violations. Violations of this UDO will be subject to the remedies and penalties provided in this UDO, the Village Code, and state law. Violations of this UDO include but are not limited to:
(1) Work without required permits or approvals. It is a violation of this UDO to engage in any subdividing, development, use, construction, remodeling or other activity of any nature without obtaining all the permits, approvals, certificates and other forms of authorization required by this UDO.
(2) Work inconsistent with permit. It is a violation of this UDO to engage in any development, use, construction, remodeling, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity.
(3) Work inconsistent with conditions. It is a violation of this UDO to violate, by act or omission, any term, condition, or qualification imposed by a decision-making body upon a required permit, certificate, or other form of authorization.
(4) Work inconsistent with UDO. It is a violation of this UDO to erect, construct, reconstruct, remodel, alter, maintain, move, or use any building or structure or to use any land in violation or contravention of any zoning, subdivision, or other regulation of this UDO.
(5) Making lots or setbacks nonconforming. It is a violation of this UDO to reduce or diminish any lot area so that the setbacks or open spaces are smaller than prescribed by this U DO, except in accordance with the procedural and substantive requirements of this UDO.
(6) Increasing intensity of use. It is a violation of this UDO to increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this UDO.
(7) Continuing violations. It is a violation of this UDO to continue any of the violations specified in this article. Each day that a violation continues shall be considered a separate offense.
(C) Responsibility for violations. In addition to any person violating the provisions of this UDO, each person having an ownership interest in the land upon which the violation exists shall be jointly and severably liable for any violation of this UDO existing upon such land, regardless of whether such person created the violation.
(D) Remedies and enforcement powers. The village shall have the following remedies and enforcement powers:
(1) Withhold permits.
(a) The village may deny or withhold permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of this UDO or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by a decision-making body.
(b) Instead of withholding or denying an authorization, the village may grant a permit when the work to be completed includes correction of the violation.
(2) Revoke permits. A permit may be revoked when the Community Development Director determines that:
(a) There is a departure from the plans, specifications, or conditions as required under the terms of the permit;
(b) The plans, specifications, or conditions were obtained by false representation or were issued in error; or
(c) Any provision of this UDO is being violated.
(3) Stop work. The village may stop work on any building or structure on any land on which there is an uncorrected violation of this UDO or of a permit or other form of authorization issued hereunder.
(4) Revoke plan or other approval. When a violation of this UDO involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Village Board may, upon notice to the applicant and property owner(s) (including any holders of building permits affected) and after a public hearing, revoke the plan or other approval or condition its continuance on strict compliance, the provision of security or such other conditions as the Village Board may reasonably impose.
(5) Injunctive relief. The village may seek an injunction or other equitable relief to stop any violation of this UDO or of a permit, certificate or other form of authorization granted hereunder.
(6) 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.
(7) Penalties. The penalty for a violation of this UDO shall be governed by the penalty provisions of the Village Code.
(8) Other remedies. The village shall have such other remedies as are and as may be from time to time provided by Illinois law and other village codes for the violation of zoning, subdivision or related UDO provisions.
(9) Remedies cumulative. The remedies and enforcement powers established in this chapter are cumulative.
(E) Enforcement procedures.
(1) Non-emergency matters.
(a) In the case of violations of this UDO that do not constitute an emergency, the Community Development Director shall give notice of the nature of the violation to the property owner and to any other person who is party to the agreement and to any applicant for any relevant permit, after which the persons receiving notice shall have ten days, or such longer period as the Community Development Director allows, to correct the violation.
(b) If the violation is not corrected within the required timeframe, the Community Development Director and Village Prosecutor or Village Attorney shall use all penalties, remedies and enforcement powers available under this UDO.
(c) Notice must be given in-person, by United States Mail, or by posting notice on the premises. Notices of violation must state the nature of the violation, the time period allowed for achieving compliance, the corrective steps necessary, the nature of subsequent penalties and enforcement actions should the situation not be corrected, and the appeal procedures for the notice of violation.
(2) Emergency matters. In the case of violations of this UDO that constitute an emergency, the village shall use all remedies, penalties and enforcement powers available under this article without prior notice, but the Community Development Director must send notice simultaneously with beginning enforcement action to the property owner and to applicants for any relevant permit.
(F) Other enforcement matters.
(1) Other powers. In addition to the enforcement powers specified in this chapter, the village may exercise any and all enforcement powers granted to them by Illinois law.
(2) Continuation. Nothing in this UDO shall prohibit the continuation of previous enforcement actions, undertaken by the village pursuant to previous and valid ordinances and laws.
(Ord. 2021-05-15, passed 5-3-2021)