A. Authority Of Village: In case any building or structure is constructed, reconstructed, altered, repaired, converted or maintained or any building, any structure or any land is used in violation of this title or of any ordinance or regulation made under authority conferred by state law, as amended, the village, in addition to other remedies, may institute any appropriate action or proceeding:
1. To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;
2. To prevent the occupancy of the building, structure or land;
3. To prevent any illegal act, conduct, business or use in or about the premises; or
4. To restrain, correct or abate the violation.
B. Revocation Of Special Use Permit Or Variation: In any case where a special use permit or variation has been revoked by the enforcing officer or by action of the corporate authority the following procedures shall apply:
1. Appeals: Any person receiving an order to revoke a permit or ordinance issued pursuant to action governed under the zoning ordinance adopted under this chapter, may take an appeal to the village president. Such appeal shall be taken within fifteen (15) days after the revocation of said permit or ordinance, by filing written notice of appeal with the village administrator, on forms provided by the village clerk or, if no form is provided, by a writing from the appellant stating that the revocation is being appealed. The notice of appeal shall contain the name, mailing address and contact information of the appellant. The village administrator, or her designee shall then transmit to the village president all of the papers constituting the record upon which the action appealed was taken.
2. Hearing Officer: The village president shall serve, or appoint a person in his stead, as the hearing officer to adjudicate all such appeal hearings.
3. Notice Of Hearing: Reasonable notice of the date, time and place of such hearing shall be mailed to the appellant at the hearing at the address stated on the notice of appeal. Such notice shall be sent by certified mail, or by personal delivery to the address of the applicant contained on the notice of appeal and shall contain:
a. The time, place, and nature of the hearing.
b. A statement of the legal authority and jurisdiction under which the hearing is to be held.
c. A reference to the particular sections of the ordinances or statute(s) involved.
d. A statement informing the applicant of his or her ability to respond by presenting evidence and argument.
4. Conduct Of Hearings:
a. A hearing held under this chapter shall be held in accordance with the following rules:
(1) A hearing shall be held at a reasonable time, date and place.
(2) No cause shall be heard earlier than three (3) days after receipt by an applicant of the notice required under this chapter.
(3) An applicant may present evidence and argument.
(4) The hearing officer may limit, but not prohibit, the presentation of relevant evidence and agreement. Evidence not subject to the strict rules of evidence and privilege as applied in civil cases in the circuit courts of this state and may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.
(5) The hearing officer may take administrative notice of any prior disciplinary action against an applicant. The parties shall be notified either before or during the hearing of disciplinary action noticed, and shall be afforded an opportunity to contest the material so noticed.
b. Where an appellant was provided the requisite notice under this chapter and fails to appear at a hearing, the hearing officer may act ex parte. Additionally, the hearing officer may also schedule an informal hearing with the appellant where the permit or ordinance determination will not be affirmatively acted upon at such informal hearing.
C. Decisions Of The Hearing Officer: All decisions by the hearing officer shall be the final administrative decision of the village. Any decision, order or determination rendered by the hearing officer which affects the rights, duties or privileges of an applicant, shall be in writing and shall notify the applicant personally or by certified mail of the decision. Any such decision, order or determination may include assessment of all costs, fees and expenses as determined by the hearing officer.
D. Waiver: Compliance with any or all of the provisions of this chapter concerning procedure may be waived by written stipulation of all parties.
E. Requests For Continuance Of Hearing:
1. A request for a continuance of any hearing in any matter before the hearing officer will not be allowed unless for good and valid cause shown in writing and unless delivered to the hearing officer at least three (3) days prior to the date set for hearing.
2. The hearing officer may, in his or her discretion, grant a continuance if extenuating or unusual circumstances are presented in support of the request for continuance.
3. Any continuances requested by the appellant shall be contingent upon payment by the appellant of all applicable costs, fees, and expenses as reasonably determined by the hearing officer.
4. As a condition to the granting of the continuance, the hearing officer may require the cessation of any land use in violation of the special use permit at issue.
F. Revocation Of Permit Or Ordinance: A decision of the hearing officer to uphold the revocation of a permit or ordinance shall result in the immediate termination of such permit or ordinance and the entitlements granted thereunder.
G. Remanding Permit Or Ordinance: A decision of the hearing officer to overturn an order revoking a permit or ordinance shall be remanded to the village board of trustees for consideration of an amendment to the permit or ordinance to reflect the decision of the hearing officer at the next regularly scheduled meeting of the village board of trustees and after proper due notice under the law.
H. Filing A Notice Of Appeal: The filing of a notice of appeal does not stop, suspend or toll the violation or violations of the special use permit or ordinance at issue and the village may continue to pursue any and all legal and equitable remedies available to the village under the circumstances of the violation.
I. Enforcing Officer: The building commissioner or the village administrator shall be the enforcing officer of this title and shall have the power and shall exercise the function prescribed by the state law and by the terms of all ordinances now in force or hereafter passed. (Ord. 2015-O-06, 3-4-2015)