(A) The village may require an applicant or licensee of a medical marihuana facility to produce documents, records, or any other material pertinent to the investigation of an application or alleged violation of this chapter. Failure to provide the required material may be grounds for application denial or license revocation.
(B) Any person in violation of any provision of this chapter shall be responsible for a municipal civil infraction and subject to the payment of a civil fine, plus costs. Increased civil fines may be imposed for a repeat violation. As used in this section, “repeat violation” shall mean a second or any subsequent infraction of the same requirement or provision committed by a person or establishment within any 12-month period. Unless otherwise specifically provided in this chapter or any other ordinance for a municipal infraction, the penalty schedule is as follows:
(1) $500, plus costs, for the first violation;
(2) $750, plus costs, for a repeat violation; and
(3) $750, plus costs, per day, plus costs, for any violation that continues for more than one day.
(C) A violation of this chapter shall be deemed to be a nuisance per se. In addition to any other remedy available at law, the village may bring an action for an injunction or other process against the person to restrain, prevent or abate any violation of this chapter.
(D) This chapter shall be enforced and administered by the Zoning Administrator or such other village official as may be designated from time to time by resolution of the Village Council.
(E) All fines imposed under this chapter shall be paid within 45 days after the effective date of the order imposing the fine or as otherwise specified in the order.
(F) The Village President may temporarily suspend a medical marihuana establishment license without a prior hearing if the Village President finds that public safety or welfare requires emergency action affecting the public health, safety, or welfare. The Village President shall cause the temporary suspension by issuing a suspension notice in connection with institution of proceedings for notice and a hearing.
(G) If the Village President temporarily suspends a license without a prior hearing, the licensee is entitled to a hearing within 30 days after the suspension notice has been served on the licensee or posted on the licensed premises. In the case of a license issued for a medical marihuana grower facility, the hearing shall be held within seven days after the notice has been served on the licensee or posted on the premises of the licensed facility. The hearing shall be limited to the issues cited in the suspension notice;
(H) If the Village President does not hold a hearing within 30 days after the date the suspension was served on the licensee or posted on the licensed premises, or in the case of a grower facility seven days, then the suspended license shall be automatically reinstated and the suspension vacated.
(I) The penalty provisions of this chapter are not intended to foreclose any other remedy or sanction that might be available to, or imposed by the village, including criminal prosecution.
(Ord. 2017-5, passed 8-21-2017; Ord. 2019-1, passed 8-19-2019)