(a) The Village and its Permitting Agent shall have authority to implement and enforce the provisions of this Chapter. If the Mayor appoints a Permitting Agent, the Permitting Agent shall provide notice of this enforcement process including the process for any appeal. Notice of the process may be published on the Permitting Agent's website.
(b) The Village or its Permitting Agent may conduct an inspection of a business prior to issuing a Permit. The Village or its Permitting Agent may annually inspect each business holding a Permit upon proper identification and upon stating the purpose and necessity of an inspection. The Village or its Permitting Agent may enter at reasonable times to inspect or investigate and examine or copy records to determine compliance with this Chapter. The Village or its Permitting Agent may apply for and any judge or a court of record may issue an appropriate search warrant necessary to achieve the purposes of this Chapter within the court's territorial jurisdiction. If entry is refused or inspection or investigation is refused, hindered, or thwarted after the Village or its Permitting Agent receives permission or a warrant to inspect, the Village or its Permitting Agent may suspend or revoke the Permit as set forth herein.
(c) In addition to the denial, suspension, or revocation of a Permit, the Village and/or its Permitting Agent may impose the following civil penalties for violations of this Chapter:
(1) For a first violation, a written warning shall be provided to the violator(s).
(2) For a second violation within five (5) years of the first violation, two hundred fifty dollars ($250.00).
(3) For a third violation within five (5) years of the first violation, five hundred dollars ($500.00).
(4) For a fourth violation within five (5) years of the first violation, one thousand dollars ($1,000.00).
(5) For a fifth violation within five (5) years of the first violation, administrative Permit review to determine if the Permit should be suspended or revoked.
(d) When the Village or its Permitting Agent determines to issue a civil penalty for a violation, to deny a Permit application, or to suspend or revoke a Permit, the Village and/or Permitting Agent shall notify Permittee of said determination by sending written notice of said determination by U.S. first-class mail to the address provided on the Permit application.
(e) The Village or its Permitting Agent shall not be required to conduct an evidentiary hearing prior to issuing a determination provided for in subsection (d) herein.
(f) If the Permittee desires to appeal any applicable adverse decision concerning the enforcement of this Chapter, any such appeal must be in writing and must be filed no later than fourteen (14) calendar days after the date the determination was mailed. If the Village is implementing and enforcing this Chapter, the Permittee must file a written notice of appeal with the Village Law Director If the Mayor has appointed a Permitting Agent to enforce this Chapter, the Permittee must file a written notice of appeal with the Permitting Agent. The process to request said appeal shall be provided in the notice of the determination set forth in subsection (d) herein. The determination shall take effect following the expiration of time to file the notice of appeal.
(g) If a timely notice of appeal is filed, an appeal hearing shall be held by the Village or its authorized Permitting Agent. The burden of proof by preponderance of the evidence shall be upon the Village and/or its Permitting Agent.
(Ord. 2019-38. Passed 6-12-19.)