(a) A penalty imposed pursuant to section 6-19.2 of this chapter may be appealed to the board of trustees on the grounds that the property owners were unable to comply with the construction time limit for the following reasons:
(1) Labor strikes and stoppages.
(2) Natural disasters.
(3) Fire or other casualty loss to the project.
(4) Other unforeseeable reasons beyond the control of the owners and the owners' contractors, agents and representatives, but not including delays caused by weather; delays caused by the use of custom or imported materials; delays caused by the use of highly specialized contractors; delays caused by the failure of material suppliers to provide materials in a timely manner; delays associated with project financing; or, delays caused by significant, numerous or late design changes. (Ord. 0-07-08, 2-20-2007)
(b) An appeal of penalties imposed pursuant to section 6-19.2 of this chapter must be filed in writing with the village clerk within fourteen (14) days from the date of construction completion accompanied by payment of a nonrefundable appeal fee in the amount set forth in the annual fee resolution adopted by the corporate authorities. The village manager shall conduct a hearing and shall submit written findings of fact and a recommendation to the board of trustees to affirm, modify or cancel the penalty. The village board shall determine, based on the findings of fact and recommendation of the manager, whether to affirm, modify or cancel the penalty. (Ord. 0-07-08, 2-20-2007; amd. Ord. 0-12-36, 10-1-2012)
(c) When appealing penalties assessed pursuant to section 6-19.2 of this chapter, the appellant shall submit documentary and other evidence sufficient to establish that design decisions, construction drawings and documents, bids and construction contracts, permit applications, and compliance with all required permit conditions were undertaken in a diligent and timely manner. Required documentary and other evidence shall demonstrate to the village board's satisfaction that construction delay resulted from circumstances fully out of appellant's control and despite diligent and clearly documented efforts to achieve construction completion within the construction time limits established by this article. (Ord. 0-07-08, 2-20-2007)