(A) No person shall erect, construct, alter, use, maintain or allow any building, lot, or parcel of land to be used or maintained in violation of this chapter. In addition to other actions which may constitute a violation, the following constitute violations of this chapter:
(1) The use, arrangement, or construction of a building, structure or improvement to land does not conform with that authorized by approved plans.
(2) An improvement is constructed or a use is operating without obtaining the appropriate permits or zoning approvals.
(5) The use of a structure or parcel of land does not comply with conditions or standards enumerated in a special use approval.
(6) The sale, conveyance, or use of any portion of a lot which reduces the lot area below the minimum area required, depth or width of a yard to less than the minimums required, or the number of parking spaces below the minimum number of spaces required.
(B) The following shall be presumed for assessing the existence and length of a violation:
(1) Persons are presumed to be fully aware of the provisions of this chapter and ignorance of such does not exempt such persons from the enforcement actions provided for in this chapter.
(2) A violation shall be presumed to have existed from the earliest date that can be legally established from the following:
(a) The date of issuance of a notice of violation, license, permit, registration, inspection report, or other documentation in relation to the offense or that permits a use that would not otherwise be permitted in this chapter.
(b) The date of any advertisement, correspondence, or other documentation generated by the establishment announcing or describing the illegal operation of that establishment.
(c) The date of collection or reporting of taxes, fees, or other payments to any agency in relation to the offense.
(3) A separate offense shall be deemed committed on each day during which a violation of this chapter occurs or continues after it has been established that the violation existed, unless the person charged establishes that the violation did not occur on a subsequent date or dates.
(C) Enforcement of a violation may be initiated against the owner, whether legal, equitable, or in the case of an Illinois land trust, a beneficial interest holder, a tenant, occupant, or other person with ownership interest in or control of the property.
(D) Whenever the Zoning Administrator determines that there has been a violation of this chapter, or has reasonable grounds to believe that a violation has occurred, the Zoning Administrator shall give notice of the violation to the owner or person or persons responsible therefor in the manner prescribed here. Such notice shall be in writing and shall include:
(1) The date the violation was established;
(2) A description of the subject property;
(3) A statement of the reason or reasons why the notice is being issued, including the section of this chapter that is being violated;
(4) A correction order allowing a reasonable time for the action necessary to bring the property into compliance with the provisions of this chapter or otherwise cease the violation;
(5) An explanation of the owner or person(s) charged with the violation the right to appeal the notice to the Zoning Board of Appeals.
(E) Such notice of violation shall be deemed to be properly served upon such owner or person charged if:
(1) A copy thereof is personally delivered to the owner or person(s) charged, or
(2) The notice is sent by first class mail and addressed to the last known address of the owner or person(s) charged, or
(3) If the letter is returned stating that it is undeliverable, by posting a copy thereof in or about the structure or property affected by such notice and publishing of such notice in a local newspaper of general circulation.
(F) When a person receives notice of a violation and does not comply with the order to correct the violation within the specified time, the Zoning Administrator may elect to proceed under any one, or combination of, the enforcement measures described within this subchapter or otherwise authorized by law to seek correction of the violation or punishment for the offense or both.
(G) The Zoning Administrator is authorized to issue a failure to comply ticket, or similar instrument, to any person that has violated any of the provisions of this chapter. The failure to comply ticket may function as the notice of violation. A failure to comply ticket shall be served in the manner described in division (D) above.
(H) The Zoning Administrator shall have the authority to issue a stop work order to any person the Zoning Administrator has reasonable grounds to believe is committing or has committed a violation of this chapter.
(I) Nothing herein shall limit any other right or remedy of the City or other person in interest including, but not limited to, the right to obtain an injunction of any violation from a court of competent jurisdiction.
(Ord. 8612, passed 12-2-08)