(A) Zoning Inspector.
(1) Establishment. The Zoning Inspector shall act as the administrative officer for the purpose of effecting the proper administration of the Zoning Code.
(2) Appointment. The Zoning Inspector shall be appointed by the Mayor with confirmation by a majority of the Village Council. The Zoning Inspector shall serve at the pleasure of the Mayor.
(3) Compensation; benefits. Rate of compensation, and other such benefits and conditions, if any, shall be set by the Village Council.
(4) General powers. For the purposes of effecting this chapter, the Zoning Inspector shall have the powers of a police officer.
(5) Powers and duties. The Zoning Inspector shall have the following powers and duties:
(a) Unless specifically stated otherwise, the Zoning Inspector shall enforce the provisions of this code. The Zoning Inspector shall have all necessary authority on behalf of the village to administer and enforce the provisions of this code. Such authority shall include the ability to order, in writing, the remedy of any condition found in violation of this code and the ability to bring legal action to insure compliance with the provisions including injunction, abatement, or other appropriate action or proceeding.
(b) To interpret the meaning and application of this Zoning Code and its provisions.
(c) To issue all permits or certificates as provided by this Zoning Code and keep a record of the same with a notation of any special conditions involved.
(d) To accept, review for completeness, and respond to questions regarding applications upon which the Zoning Inspector is authorized by the provisions of this Zoning Code to review including amendments to the Zoning Code, development plan review, conditional uses, variances, appeals, and subdivision plats.
(e) To coordinate the village's administrative review of applications required by this Zoning Code, including rezoning applications, development plan review, conditional use applications, and subdivision plats.
(f) To maintain any records required by this Zoning Code including inspection documents, and records of all variances, amendments, conditional uses, development review approvals, non-conforming uses, and similar use determinations.
(g) To make such records available for the use of Council, the Planning Commission, the Board of Zoning Appeals, Design Review Board, and the public.
(h) To conduct or cause the inspection of buildings or structures and uses of land to determine compliance with this Zoning Code.
(i) To determine the existence of any violations of this Zoning Code and cause such notifications, revocation notices, stop orders, or initiate such other administrative or legal action as needed, to address such violations.
(j) To maintain in current status the "Official Zoning District Map" of the village.
(k) To cast a vote in case of a tie at the Design Review Board.
(B) Enforcement and penalties. The provisions of this Zoning Code shall be administered and enforced by the Zoning Inspector.
(C) Construction and use shall be as approved. Zoning permits and/or certificates issued by the Zoning Inspector on the basis of approved plans and applications authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this code.
(D) Violations. It shall be unlawful to:
(1) Use or occupy any land or place; build, erect, alter, remodel, restore, or rebuild thereon any building or structure; permit any building or structure to remain on such land; or use, occupy, or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this Zoning Code;
(2) Use or occupy any parcel of land; use or occupy a new building or structure; or enlarge, substitute, or otherwise change the use, occupancy, or configuration of any land, building, or structure, without having received a zoning permit, conditional use permit, or certificate of zoning compliance, as applicable, indicating compliance with the provisions of this Zoning Code from the Zoning Inspector;
(3) Aid, assist, or participate with any person in placing, building, erecting, altering, remodeling, restoring, or rebuilding any building or structure which is not permitted by the provisions of this Zoning Code;
(4) Violate or fail to perform any condition, stipulation, or safeguard set forth in any certificate, permit, or approval issued pursuant to this Zoning Code, or continue to use or occupy the premises, building, or structure as previously authorized by such certificate, permit, or approval beyond the duration limit therein stated;
(5) Continue construction, renovation, or improvements contrary to a stop work order or notice of violation;
(6) Refuse to permit the Zoning Inspector to enter any premises in the village to investigate a reported violation of the provisions of this Zoning Code; or
(7) Knowingly, make any materially false statement of fact in an application to the Zoning Inspector for development plan approval, a zoning permit, conditional use permit, certificate of non-conforming use, or certificate of zoning compliance, or in the plans or specifications submitted to the Zoning Inspector in relation to such application.
(E) Violation considered a nuisance. Any building or structure erected, altered, moved, razed, or converted, or any use of land or premises carried on in violation of any provision of this Zoning Code may be declared to be a nuisance. Any building or land use activity considered to be a possible violation of any provision of this Zoning Code that is observed by any village official shall be reported to the Zoning Inspector.
(F) Complaints regarding violations. Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a complaint. Such written complaints shall fully state the causes and basis of the complaint and shall be filed with the Zoning Inspector.
(G) Inspection of property. The Zoning Inspector may inspect any building or structure erected, altered, moved, razed, or converted, or any use of land or premises carried on in alleged violation of any of the provisions of this Zoning Code including any alleged failure to comply with any conditions placed upon an application at the time of approval.
(H) Stop work order. Subsequent to a determination that construction work is being done contrary to this Zoning Code, or if the work being performed is causing any situation that threatens the health, safety or welfare of the surrounding property owners, their respective properties, or of the general public passing through or near the construction area, the Zoning Inspector shall issue a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Zoning Inspector, shall constitute a punishable violation of this Zoning Code.
(I) Notice of violation.
(1) Upon finding a violation, the Zoning Inspector shall order, in writing, the owner, agent occupant or operator of such building, structure, or premises to correct, within a stated reasonable time, all conditions that are found to be in violation of this Zoning Code. After such a notice is served, no work, except to correct the violation or comply with the notice, shall proceed on any building, structure, or premises included in the violation.
(2) Such notice of violation shall be by either personal delivery to the person or persons responsible, or by certified mail, addressed to the person or persons responsible at the last known address.
(J) Issuance of a citation. Prior to the issuance of any citation the Zoning Inspector shall consult with the Village Solicitor to insure that the Zoning Code is being properly administered.
(K) Certificate revocation. The Zoning Inspector may issue a revocation notice to revoke a certificate, permit, or approval that was issued contrary to this Zoning Code or based upon false information or misrepresentation in the application. The certificate, permit, or approval shall be revoked by notice, in writing, to be delivered to the holder of the void certificate, permit, or approval upon the premises concerned by certified mail or regular mail to the last known address of such holder. Any person who proceeds thereafter with such work or use without having obtained a new certificate, permit, or approval in accordance with this Zoning Code shall be deemed guilty of violation thereof.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2002-O-16, passed 5-9-02; Am. Ord. 2012-O-17, passed 6-14-12) Penalty, see §152.999