(a) Failure to Obtain a Zoning Permit. Failure to obtain a Zoning Permit or Occupancy Permit shall be a violation of this chapter and punishable under subsection (d) hereof and under Section 1140.12.
(b) Construction and Use to be as provided in Applications, Plans, Permits Zoning Permits and Occupancy Permits are issued on the basis of plans and applications approved by the Zoning Inspector and authorize only the use and arrangement as set forth in such approved plans and applications or amendments thereto. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided in subsection (d) hereto and by Section 1140.12.
(c) Complaints Regarding Violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and be filed with the Zoning Inspector. The Zoning Inspector shall record properly such complaint, immediately investigate, and take such appropriate action thereon as may be necessary and as provided by this chapter.
(d) Penalties for Violation. In the event that (i) a person fails to obtain a Zoning Permit as required by this Chapter, (ii) a person fails to obtain Occupancy Permit as required by this Chapter, or (iii) if a Zoning Permit or an Occupancy Permit has been issued, fails to comply with the approved applications and plans upon which such permit is based, or fails to comply with the requirements of the approved plan, or (iv) if a Zoning Permit is voided as provided by Section 1140.12, the Village may, in its discretion, invoke any or all of the following remedies:
(1) Violation of the provisions of this Chapter or failure to comply with any of its requirements (including, without limitation, violation of the Zoning Permit requirements, violation of the Occupancy Permit requirements or violation of other conditions and safeguards established in various sections of this Chapter) shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one hundred dollars ($100.00) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues, after receipt of a violation notice, shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
(2) If an owner, builder or developer fails to comply with applicable provisions of the Zoning Code or the requirements of a zoning permit, approved plan or occupancy permit, upon recommendation of the Zoning Inspector, the Village Administrator may invoke any of the following remedies:
A. Shut off the water service at the mains to any offending premises, pursuant to the procedure established in Section 911.16 of the Codified Ordinances.
B. Revocation of any applicable zoning permit, plan approval or occupancy permit, and
C. Issuance of a "Stop Work" order, directing the immediate cessation of all work on the premises until the Village determines that compliance with applicable requirements has been achieved.
(3) After notice to the offending person or persons, the Village Solicitor may institute an action to enjoin the offending use unless the terms and conditions of the original Zoning Permit or Occupancy Permit are met or unless a new Zoning Permit or Occupancy Permit has been issued. In such event, all costs of such legal action including attorney fees shall be paid by the offending persons.
(4) Nothing in this section shall limit the Village from taking such other lawful action as is necessary to prevent or remedy any violations.
(Ord. 10-106. Passed 4-15-10.)