(A) Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this chapter. Upon due investigation, the Building Commissioner or designee may determine that a violation of the minimum standards of this chapter exists. The Building Commissioner or designee shall notify the owner in writing of such violation. In order to document receipt, this notice shall be sent by either personal delivery or certified, return receipt, restricted mail or a method defined in other community regulations.
(B) If such owner fails, after ten days from the date the written notice is issued, to correct the violation:
(1) The village may make application to the Circuit Court for an injunction requiring conformance with this chapter or make such other order as the Court deems necessary to secure compliance with the chapter.
(2) Any person who violates this chapter shall, upon conviction thereof, be fined not less than $50 or more than $750 for each offense.
(3) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(4) The village shall record a notice of violation on the title to the property.
(C) The Building Commissioner or designee shall inform the owner that any such violation is considered a willful act to increase flood damages and, therefore, may cause coverage by a Standard Flood Insurance Policy to be suspended.
(1) The Building Commissioner or designee is authorized to issue an order requiring the suspension of the subject development. The stop-work order shall be in writing, shall indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit.
(2) No site development permit shall be permanently suspended or revoked until a hearing is held by the Village Administrator. Written notice of such hearing shall be served on the permittee and shall state: (1) the grounds for complaint or reasons for suspension or revocation; and (2) the time and place of the hearing. At such hearing, the permittee shall be given an opportunity to present evidence on his or her behalf. At the conclusion of the hearing, the Village Administrator shall determine whether the permit shall be suspended or revoked.
(D) Nothing herein shall prevent the village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. 2019-009, passed 10-30-19)