(A) Measurement. The determination of the existence of any objectionable elements shall be made at the location of the use creating the same and at any points where the existence of these elements may be more apparent; provided, however, that the measurements necessary for enforcement of performance standards set forth in this subchapter shall be taken at property line boundaries.
(B) Notification. The Administrator shall give written notice, by registered mail or other means ensuring a signed receipt for the notice, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Administrator within a time limit set by the Administrator. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Administrator within the time limit set constitutes admission of violation of the terms of this chapter.
(C) Costs of determination. The notice shall further state that upon request of those to whom it is directed, technical determinations as described in this chapter will be made, and that if violations as alleged are found, costs of those determinations shall be charged against those responsible for the violation, in addition to any other penalties as may be appropriate, but that if it is determined that no violation exists, the costs of the determination will be paid by the Village.
(D) Violation corrections. If there is no reply within the time limit set, but the alleged violation is corrected to the satisfaction of the Administrator, he or she shall note “violation corrected” on his or her copy of the notice, and shall retain it among his or her official records, taking any other action as may be warranted.
(E) Enforcement. If there is no reply within the time limit set (thus establishing admission of violations) and the alleged violation is not corrected to the satisfaction of the Administrator within the time limit set, he or she shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
(F) Extensions. If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Administrator, but requesting additional time, the Administrator may grant an extension if he or she deems it warranted in the circumstances of the case and if the extension will not, in his or her opinion, cause imminent peril to life, health, or property.
(G) Expert findings. If a reply is received within the time limit set requesting technical determination as provided in this chapter, and if the alleged violations continue, the Administrator may call in properly qualified experts to make the determinations. If the expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to any other penalties as may be appropriate under the provisions of this code. If no violation is found, the costs of the determinations shall be paid by the Village without assessment against the properties or persons involved.
(H) Additional enforcement provisions. Even though compliance with performance standards procedure in obtaining a development permit is not required for a particular use, initial and continued compliance with performance standards is required of every use, and provisions for enforcement of continue compliance with performance standards shall be invoked by the Administrator against any use, if there are reasonable grounds to believe that performance standards are being violated by that use.
(Ord. 1992-10, § 1402, passed 3-18-1993)