A. Penalty: Any owner or agent who violates any section of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each lot or parcel so transferred or sold or agreed to be sold. Each day the violation continues shall be deemed a separate offense.
B. Administrative Fine: The chair of the economic development committee may determine and administratively assess a fine for any instance of noncompliance with this title which he may find, noting that said fine shall continue for each day that such violation continues. The per diem fine for noncompliance shall be fifty dollars ($50.00). If the offender pays the administrative fine assessed and also corrects said noncompliance, then no further proceedings shall be required. In the event that an administrative fine has been assessed, the extent of such fine may be appealed to the village board of trustees. The decision of the village board of trustees shall be final.
C. Violations Enumerated: Violations include, but are not limited to, the following:
1. Recording of any plat or portion thereof that is not in compliance with this title.
2. The sale, offering for sale, or other transfer of ownership of any or all lots without prior recording as set forth in this title.
3. Failure to construct any public or private improvement included in any approved plat or engineering drawings.
4. Construction of improvements not specifically approved in any approved plat or engineering drawings, including changes in grading, fill, alteration of drainage systems, etc.
D. Notice Of Violation: The village public works superintendent or other duly authorized representative of the board of trustees may serve a notice of violation and order upon any person responsible, in whole or in part, for the construction, alteration, repair, maintenance or removal of public improvements in violation of engineering drawings and specifications approved pursuant to this title, or in violation of any permit issued under the provisions of this title, or otherwise in violation of this title. Such order may direct the discontinuance of the illegal action or condition and the abatement of the violation.
E. Stop Work Order: Upon notice from the village public works superintendent or other duly authorized representative of the board of trustees that work on any public improvement is being prosecuted contrary to the provisions of this title or is being prosecuted in an unsafe or dangerous manner, such work shall be immediately stopped. Such a notice stopping work, a stop work order, shall be in writing and shall be served upon or otherwise given to the subdivider, or the subdivider's engineer, or to any person in charge of or performing work on public improvements in the subdivision, or to an agent of any of the foregoing. Such an order shall state the conditions under which work may be resumed. No person shall continue any work after having been served with a stop work order, except such work as is required to be performed to remove a violation or dangerous or unsafe condition. The chair of the economic development committee may also, in the event he finds any improper construction activities not in conformance with this title, issue a stop work order which shall require the immediate cessation of any further work on the project until the violations are remedied.
F. Appeals: The subdivider, subdivider's engineer, any person in charge of or performing work on public improvements in the subdivision or any other interested person may appeal to the board of trustees from a decision of the village public works superintendent or other duly authorized representative of the board of trustees issuing a notice of violation or stop work order pursuant to this section. The appeal shall be in writing setting forth the reasons for the appeal and shall be filed with the village clerk within ten (10) days after receipt of the notice or stop work order. The appeal shall be heard at the next regularly scheduled meeting of the board of trustees, but not more than thirty (30) days following the receipt of the appeal by the village clerk. The filing of an appeal shall not operate as a stay of a notice of violation or stop work order. (Ord. 2007-19, 5-21-2007; amd. 2011 Code)