A. Whoever shall construct, or cause to be constructed, any access facility, utility or facility in violation of the requirements of this Ordinance shall be subject to a fine of $500.00 for each access, utility or facility constructed. Each day that the access facility, utility or facility is in place shall constitute a separate offense, subject to the above penalty. A violation shall also include any access, utility or facility constructed without a permit as required by this Ordinance as well as permitted work that is built to a substandard design or construction specifications.
B. Whenever it shall come to the knowledge of the County Recorder that any of the provisions of this Ordinance have been violated, as they relate to plats, it shall be the County Recorder’s duty to notify the County Engineer and the State’s Attorneys.
C. The McHenry County Division of Transportation shall have the authority to stop any and all work that it determines is proceeding in an unsafe or substandard manner, or poses any danger to the public or the County Highway. In the event any aspect of the permittee’s construction, placement, maintenance, repair, use or operation of the County Highway at any times violates or is forbidden by any law, statute, rule, regulation, order, or requirement of any governmental authority, the permittee shall immediately discontinue such operations and at its own expense take all necessary required corrective action including and without limitation the removal of all or any portion of County Highway from the easement premises, if required, within the lesser of (i) thirty (30) days from permittee’s notice of such violation or (ii) the period of time required by law for the correction of such violation.
D. The provisions of this Ordinance shall not be deemed exclusive and shall not be deemed to prevent the maintenance of any other action or proceeding in law or equity to enforce the provisions of this Ordinance or to vacate and remove any access facility constructed in violation of this Ordinance.
(Ord. O-200811-82-068, passed 11-6-2008)