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(a) Filing of Application. Two (2) copies of a completed application shall be filed with the Zoning Inspector, one (1) copy of which shall be returned to the owner upon approval.
(b) Action by Zoning Inspector. Within thirty (30) days after acceptance of an application for a Zoning Certificate, the Zoning Inspector shall approve a Certificate of Zoning Compliance provided he/she is satisfied that the structure, building and/or premises, and the proposed methods of water supply, treatment and disposal of sanitary waste, and storm drainage measures conform with all requirements of this Zoning Code, subject to approval of the Planning and Zoning Commission where the Zoning Code requires; in those cases the Planning and Zoning Commission shall render a decision within thirty-five (35) days of holding a public hearing. Denial of an application shall be conveyed to the applicant in writing with a statement of the reasons for such denial.
(c) Appeals. A denial by the Zoning Inspector of an application for a Certificate of Zoning Compliance may be appealed to the Planning and Zoning Commission. A written appeal shall be filed with the Zoning Inspector within ten (10) days of receipt of notification of denial. The Planning and Zoning Commission shall have a maximum of sixty (60) days for public hearing, consideration and a decision on the appeal. Denial of an appeal by the Planning and Zoning Commission may be appealed to Council.
(a) Issuance. If the application meets the requirements of the Zoning Code, an approved Certificate of Zoning Compliance shall be issued within ten (10) days of approval. One (1) copy of the plans submitted by the Applicant shall be returned.
(b) Expiration. All Zoning Certificates shall be conditional upon the commencement of work within six (6) months of issuance. If the work has not been more than fifty percent (50%) completed within one year of issuance, the certificate shall expire and be revoked by the Zoning Inspector. Written notice shall be provided to the property owners together with notice that further work as described in the canceled certificate shall not proceed unless a new certificate is issued or an extension granted.
(c) Denial of Permits or Approvals If Property Violates Codes. The Zoning Inspector may withhold permits and/or approvals including but not limited to, Building Permits, Certificates of Zoning Compliance, Certificates of Occupancy, Conditional Use Permits, Site Plans, Development Plans, Variances, Boundary Line Adjustments, and Preliminary or Final Plats if a violation of any of the Village's Codified Ordinances including but not limited to, Zoning and Subdivision Regulations, Housing and Property Maintenance Code, Building Code, Erosion and Sedimentation Control Regulations, and Flood Damage Reduction Regulations. The Zoning Inspector may, instead of withholding or denying a permit or approval, grant such permit or approval subject to the condition that the violation be corrected. If the violation is not corrected in the timeframe established by the Zoning Inspector, the permit or approval will be immediately void. (Ord. 69-14. Passed 1-12-15.)
If any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, demolished, maintained or used, or any land is or is proposed to be used in violation of this Zoning Code or any amendment or supplement thereto, Council, the Law Director or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, demolition, conversion, maintenance, or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
Whenever a violation of this Zoning Code occurs, or is alleged to have occurred, any person may file a written complaint with the Zoning Inspector. Such complaint should state in full the causes and basis thereof. The Zoning Inspector shall record said complaint, immediately investigate the allegations, and take appropriate action as provided by this Zoning Code.
(a) The first violation of the provisions of this Zoning Code or failure to comply with any of its requirements shall constitute a misdemeanor of the fourth degree. Upon conviction thereof any person may be fined not more than $250.00 or imprisoned for not more than thirty (30) days or both, and in addition shall pay all costs and expenses involved in the case.
(b) If the same violation occurs a second time within the same year the offense shall constitute a misdemeanor of the third degree and upon conviction the fine shall be not more than $500.00 or imprisonment for not more than sixty (60) days or both, and in addition the offender shall pay all costs and expenses involved in the case. If the same violation occurs a third time within the same year the offense shall constitute a misdemeanor of the second degree and upon conviction the fine shall be not more than $750.00 or imprisonment for not more than ninety (90) days or both, and in addition the offender shall pay all costs and expenses involved in the case.
(c) Each day any such violation continues after receipt of a violation notice shall constitute 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. Nothing herein contained shall prevent the Municipality from taking such other lawful action as is necessary to prevent or remedy any violations.
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