A. Failure to obtain a floodplain development permit for Development in the Floodplain or failure to comply with the conditions of a floodplain development permit or a variance shall be deemed to be a violation of this Chapter. Upon due investigation, whenever the Director of Public Works determines that a Violation of the minimum standards of this Chapter exists, the Director of Public Works shall issue a Notice of Violation. The Notice of Violation constitutes a suspension of the permit.
The Notice of Violation shall contain the address or parcel identification number of the property, a brief description of the Violation; Section of the Ordinance violated; the requirement to stop all work in Violation of this Chapter; a statement informing the violator that they may contest the notice in writing within ten days, correct the violation in ten days, or apply for a permit; a warning that if the violator fails to comply the Village shall institute appropriate legal proceedings; and a statement that the Ordinance authorizes fines of not less than fifty dollars ($50.00) or more than seven hundred fifty dollars ($750.00) for each day during or on which a Violation occurs or continues.
Notification to the owner shall be in any of the following manners:
1. By personally delivering to the owner of the property involved, or to the owner's agent, or to the person doing the work;
2. By posting a copy of the stop work order on the subject property in a conspicuous place;
3. By personally delivering or mailing a copy of the notice of violation to any adult who resides at, occupies, uses, leases, manages, or maintains the property on which the Violation is located; or
4. By personally delivering or mailing a copy of the notice of violation to any owner in title to the property on which the Violation is located.
B. If such owner fails, after ten days from the date the written notice is issued, to correct the violation, apply for a permit, or contest the notice in writing, 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 Ordinance.
C. Any person who violates this Chapter shall, upon conviction thereof, be fined not less than fifty dollars ($50.00) or more than seven hundred fifty dollars ($750.00) for each offense. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
D. The Village shall record a notice of violation on the title to the property.
E. The Director of Public Works 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.
F. No floodplain development permit shall be permanently suspended or revoked until a hearing is held by the Corporate Authorities. 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/her behalf. At the conclusion of the hearing, the Corporate Authorities shall determine whether the permit shall be suspended or revoked.
G. 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. 3852, 1-10-2022)