(A) Responsibility for enforcement. The Zoning Administrator is responsible for enforcing this zoning chapter, except as otherwise expressly stated.
(B) Violations. Unless otherwise expressly allowed by this zoning chapter or state law, any violation of a provision of this zoning chapter – including but not limited to all of the following – may be subject to the remedies and penalties provided for in this zoning chapter.
(1) To use land or buildings in any way not consistent with the requirements of this zoning chapter;
(2) To erect a building or other structure in any way not consistent with the requirements of this zoning chapter;
(3) To install or use a sign in any way not consistent with the requirements of this zoning chapter;
(4) To engage in the use of a building or land, the use or installation of a sign, or any other activity requiring 1 or more permits or approvals under this zoning chapter without obtaining such required permits or approvals;
(5) To engage in the use of a building or land, the use or installation of a sign, or any other activity requiring 1 or more permits or approvals under this zoning chapter in any way inconsistent with any such permit or approval or any conditions imposed on the permit or approval;
(6) To violate the terms of any permit or approval granted under this zoning chapter or any condition imposed on the permit or approval;
(7) To violate any lawful order issued by any person or entity under this zoning chapter; or
(8) To continue any violation after receipt of notice of a violation.
(C) Continuing violations. Each week that a violation remains uncorrected after receiving notice of the violation from the village constitutes a separate violation of this zoning chapter.
(D) Remedies and enforcement powers. The village has all remedies and enforcement powers allowed by law, including the following:
(1) Withhold permit.
(a) The Zoning Administrator may deny or withhold permits, certificates or other forms of authorization on any land or structure or improvements upon which there is an uncorrected violation of a provision of this zoning chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the village. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.
(b) The Zoning Administrator may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned by or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this zoning chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the village. This enforcement provision may be used regardless of whether the property for which the permit or other approval is sought is the property in violation.
(c) The Zoning Administrator may deny or withhold temporary use permits on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused a violation of a previous temporary use permit. Enforcement provision may be used regardless of whether the property for which the temporary use permit sought is for the property on which the previous violation occurred.
(2) Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the Zoning Administrator may grant such authorization subject to the condition that the violation be corrected.
(3) Revoke permits.
(a) Any permit, certificate or other form of authorization required under this zoning chapter may be revoked by the Zoning Administrator when the Zoning Administrator determines:
1. That there is departure from the plans, specifications, or conditions as required under terms of the permit;
2. That the development permit was procured by false representation or was issued by mistake; or
3. That any of the provisions of this zoning chapter are being violated.
(b) Written notice of revocation must be served upon the owner, the owner’s agent or contractor, or upon any person employed on the building or structure for which such permit was issued. If no persons can reasonably be served with notice, the notice must be posted in a prominent location. After delivery or posting of notice, no construction or development may proceed.
(4) Stop work. With or without revoking permits, the Zoning Administrator may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this zoning chapter or of a permit or other form of authorization issued under the zoning chapter.
(5) Revoke plan or other approval. Where a violation of this zoning chapter involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Zoning Administrator may, upon notice to the applicant and other known interested parties (including any holders of building permits affected):
(a) Revoke the plan or other approval; or
(b) Condition its continuance on strict compliance with this zoning chapter or the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the Zoning Administrator may reasonably impose.
(6) Injunctive relief. The village may seek an injunction or other equitable relief in court to stop any violation of this zoning chapter or of a permit, certificate or other form of authorization granted under the zoning chapter.
(7) Forfeiture and confiscation of signs on public property. Any sign installed or placed on public property, except in compliance with the regulations of this zoning chapter, may be forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this section, the village has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.
(8) 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.
(9) Other penalties, remedies and powers. The village may seek such other penalties as are provided by state law.
(E) Continuation of previous enforcement actions. Nothing in this zoning chapter prohibits the continuation of previous enforcement actions, undertaken by the village pursuant to previous valid ordinances and laws.
(F) Remedies cumulative. The remedies and enforcement powers established in this zoning chapter are cumulative, and the village may exercise them in any combination or order.
(G) Persons subject to penalties. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions.
(H) Enforcement procedures.
(1) Non-emergency matters. In the case of violations of this zoning chapter that do not constitute an emergency or require immediate attention, the Zoning Administrator must give notice of the nature of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner stated in this section, after which the persons receiving notice have 10 days to correct the violation before further enforcement action may be taken. Notice must be given in person, by U.S. mail, or by posting notice on the premises. Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
(2) Emergency matters. In the case of violations of this zoning chapter that constitute an emergency situation as a result of public health or safety concerns or violations that will create increased problems or costs if not remedied immediately, the village may use the enforcement powers available under this zoning chapter without prior notice, but the Zoning Administrator must attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit.
(3) Appeals. Enforcement actions taken by the Zoning Administrator may be appealed by the affected party to the Planning and Zoning Commission in accordance with § 151.205.
(Ord. 2015-08, § 14.12, passed 6-23-2015)