(A) Whenever the Building Official determines that a DCB with a valid permit does not conform to any requirement in this chapter he/she shall promptly notify the parcel owner/agent and DCB operator through electronic mail or first class mail of the violation delivered to the addresses provided upon application. The violation must be abated and proof of such submitted to the village within three business days after receipt of such notification.
(B) If an unpermitted DCB is not within a permissible geographic area according to § 161.30, then both the DCB and any blight within 20 feet of the DCB shall be removed within 72 hours after the parcel owner/agent and DCB operator is notified of the violation.
(C) If an unpermitted DCB is within a permissible geographic area according to § 161.30 then any blight within 20 feet of the site shall be removed and the parcel owner/agent and/or operator shall either: (1) apply for all DCB permits required by this chapter; or (2) remove the DCB. This requirement shall be met within 72 hours after the parcel owner/agent and/or DCB operators are notified of the violation.
(D) Each day, after the three business day cure period, that a violation of a requirement of this chapter is not abated constitutes a new and separate offense.
(E) The operation or maintenance of an unpermitted DCB may be abated or summarily abated by the village in any manner by this code or otherwise by law for the abatement of public nuisances. All expenses incurred by the village in connection with any action to abate a public nuisance will be chargeable to the persons creating, causing, committing, or maintaining the public nuisance and is an express condition of the permit.
(F) The village shall issue administration citations against a parcel owner and/or operator who fails to timely resolve a violation or verified compliance is not sent to the village showing the resolution of the violation relating to a DCB after notice. The village shall issue administrative citations as follows:
(1) Not more than $ 150 for the first citation after the 72-hour abatement period;
(2) Not more than $250 for the second citation after the 72-hour abatement period; and
(3) Not more than $500 for the third and each subsequent citation after the 72-hour abatement period.
(G) The daily administrative citations described in division (F) shall continue until either the violation is abated or the DCB is removed. Removal of the DCB shall be at the expense of the parcel owner and/or operator. Any DCBs removed shall also have any of its DCB permits revoked.
(H) The property owner and operator are jointly and severally liable and responsible for all fees, administrative citations, and compliance with the regulations.
(I) A party aggrieved by a final administrative decision of the village, after an appeal has been made pursuant to § 161.25, may seek judicial review of the administrative decision pursuant to the Illinois Code of Civil Procedure within the time frame pursuant to those code sections.
(J) All notices for unpermitted DCBs shall be in writing and personally delivered to the parcel owner/agent and DCB operator or by depositing such notice in the United States mail, postage paid, and addressed to the parcel owner/agent at the owner(s) last known address as it appears on the last Will County equalized assessments roll, as well as placed on the DCB itself. If the village cannot reasonably determine the name and/or address of the unpermitted DCB operators, placing the written notice on the DCB itself constitutes sufficient notice. All notices regarding permitted DCBs shall be through electronic mail.
(K) Administrative citations established in this chapter are in addition to any other administrative or legal remedy which may be pursued by the village to address violations identified in this chapter.
(Ord. 1962, passed 12-17-18)