A. In the event any building or structure, including fixtures, is constructed, reconstructed, altered, repaired, converted, or maintained; or in the event any such building or structure, including fixtures or land, is used in violation of this Chapter or any other ordinance of the Village of Mettawa, any owner or tenant of real property located within five hundred (500) feet in any direction of the property on which the building or structure or land in question is located who shows that his property or person will be substantially affected by the alleged violation, or the Zoning Administrator of the Village of Mettawa, 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 land;
3. To prevent any illegal act, conduct, business, or case in or about the premises; or
4. To restrain, correct, or abate the violation.
B. When any such action is instituted by an owner or tenant, notice of such action shall be served upon the Village of Mettawa at the time suit is begun, by serving a copy of the complaint on the Village Clerk in order that the Village of Mettawa may join as a party plaintiff, if it so elects. In any such case wherein the Village of Mettawa fails to join as a party plaintiff, the Village of Mettawa shall be named as a party defendant in any such action.
C. After the notice of appeal has been filed with the Village Clerk or while a recommendation of the Zoning, Planning and Appeals Commission may be pending before the Village Board or while litigation is pending in any court challenging the Village's actions, unless the Zoning Administrator certifies to the President and Board of Trustees by the reason of facts stated in the certificate, that a stay would, in his opinion, cause imminent peril to life or property, no permit shall be issued during the pendency of an appeal, nor while a recommendation of the Zoning, Planning and Appeals Commission may be pending before the Village Board, nor while litigation is pending in any court challenging the Village's actions, nor during the time within which such appeal from a court's action can lawfully be taken or is pending. Upon the Zoning Administrator's certification, the issuance of a permit shall not be stayed otherwise than by a restraining order entered by a court of competent jurisdiction for due cause shown. Nothing in this Section shall be construed as abolishing any other regulation restricting the issuance of permits or the construction or alteration of buildings, but is in addition thereto and declared to be an emergency measure and necessary for the immediate preservation of the public peace, health, safety, and general welfare.
(Ord. 397, passed 5-12-99; Am. Ord. 533, passed 1-18-2005; Am. Ord. 688, passed 5-17-2011)