(a) Violations. Failure to obtain a floodplain development permit for development in the floodplain or failure to comply with the requirements of a permit or conditions of a variation resolution shall be deemed to be a violation of this article XIV. Upon due investigation, the building commissioner may determine that a violation of the minimum standards of this article XIV exist. The building commissioner shall issue a notice of violation. The notice of violation constitutes a suspension of the permit.
(b) Notice of violation. The notice of violation shall contain the address or parcel identification number of the property, a brief description of the violation; section of this article XIV violated; the requirement to stop all work in violation of this article XIV, a statement informing the violator that they may contest the notice in writing within ten days, correct the violation in ten days, or apply for a permit; a warning that if the violator fails to comply the village shall institute appropriate legal proceedings; and a statement that article XIV authorizes fines of not less than $50 nor more than $750 for each day during or on which a violation occurs or continues.
(1) Notification to the owner shall be in any of the following manners:
A. By personally delivering to the owner of the property involved; or to the owner's agent, or to the person doing the work;
B. By posting a copy of the stop work order on the subject property in a conspicuous place;
C. By personally delivering or mailing a copy of the notice of violation to any adult who resides at, occupies, uses, leases, manages, or maintains the property on which the violation is located; or
D. By personally delivering or mailing a copy of the notice of violation to any owner in title to the property on which the violation is located.
(c) Redress. If such owner fails after ten days’ written notice to correct the violation, the village may make application to the Illinois Circuit Court for an injunction requiring conformance with this article XIV or such other order as the Court deems necessary to secure compliance with this article XIV. Any person who violates this article XIV shall, upon conviction thereof, be fined not less than $25 nor more than $750 for each offense. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The village may record a notice of violation on the title to the property.
(Ord. No. 2014-05-3357)
(d) Willful act. The building commissioner shall inform the owner that any such violation is considered a willful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended.
(e) Floodplain development permit suspension or revocation. No floodplain development permit shall be permanently suspended or revoked until a hearing is held by the zoning board of appeals. Written notice of such hearing shall be served on the permittee and shall state: (1) the grounds for complaint or reasons for suspension or revocation: and (2) the time and place of the hearing. At such hearing, the permittee shall be given an opportunity to present evidence on his/her behalf. At the conclusion of the hearing, the zoning board of appeals shall determine whether the permit shall be suspended or revoked.
(f) Other action. Nothing herein shall prevent the village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. No. 2021-16-3512)