(a) General.
(1) Hereafter, no land in the Village shall be used or occupied, and no structure shall be constructed, erected, moved, repaired, structurally altered, enlarged, leased, extended or reconstructed, for any purpose except as permitted by this Code and in conformity with the regulations herein established for the district in which such land or structure is located.
(2) The primary duty of administering and enforcing the provisions of this Code is hereby conferred upon the Building Commissioner with the assistance of such other persons as he or she may direct.
(b) Enforcement by the Building Commissioner.
(1) The Building Commissioner is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Code. Prior to seeking entry to any property or structure for such examination or survey, the Building Commissioner shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Building Commissioner shall request the assistance of the Law Director in securing a valid search warrant prior to entry.
(2) Subsequent to his/her determination that work is being done contrary to this Code, the Building Commissioner shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Building Commissioner, shall constitute a punishable violation of this Code.
(3) The Building Commissioner may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Code or based upon false information or misrepresentation in the application.
(4) The Building Commissioner shall maintain a record of zoning permits and certificates of occupancy, and copies shall be furnished, upon request and upon payment of the established fee, to any person.
(c) Non-Issuance of Permits.
(1) The Building Commissioner shall issue no building or occupancy permits for any building, structure, use or change in use of land or premises in violation of this Code.
(2) The Building Commissioner shall issue no building permit or certificate of occupancy for any building, structure, use or change of use during any period in which an ordinance or other measure which would forbid the action authorized under such permit is pending before Council, has been formally recommended to Council by the Planning Commission, or is subject to an initiative petition, which has been filed with the Board of Elections.
(3) If a building or occupancy permit is refused, the Building Commissioner shall send the notice of refusal to the address shown on the application.
(d) Conflicts with the Building Code. Whereas a certain Building Code has been adopted by ordinance and approved by Council, such Building Code as it presently exists, or as the same may hereafter be amended, shall continue to remain in full force and effect, save and except that this Planning and Zoning Code shall supersede all rules of the Building Code, which are in conflict with the terms and provisions of this Planning and Zoning Code.
(e) Separability. The sections, subsections, districts and building lines forming parts of, or established by this Code and the several parts, provisions and regulations thereof are hereby declared to be independent sections, subsections, districts, buildings lines, areas, limitations, provisions and regulations; and the holding of any such section, subsection, district, building line, part, provision or regulation thereof to be unconstitutional, void or ineffective for any cause, shall not effect nor render invalid any other section, subsection, district, building line, part, provision or regulation thereof or hereof.
(f) Violations. No person shall locate, erect, construct, reconstruct, enlarge, change, repair, structurally alter, occupy or use any building or land in violation of any provision of this Code, or any amendment thereto. The owner, owners, part-owner, lessee, or other person in lawful possession of any building or premises or part thereof, where anything in violation of this Code shall be placed or shall exist, or be maintained and any architect, builder, contractor, agent or other person who may be employed to assist in the commission of any such violation, and all persons or corporations who shall fail to comply therewith or with any requirements thereof, or who shall build in violation of any detailed statement of plans submitted and approved thereunder, shall for each and every violation or noncompliance, be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than five hundred dollars ($500.00), and each day during which such violations shall continue shall constitute a separate offense.
(Ord. 2017-49. Passed 12-5-17.)