A. Failure to comply with the requirements of a permit or conditions of a variance resolution shall be deemed to be a violation of this chapter. Upon due investigation, the DOPW may determine that a violation of the minimum standards of this chapter exist. The DOPW shall notify the owner in writing of such violation.
B. If such owner fails, after ten (10) days’ notice, 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 this chapter.
2. Any person who violates this chapter shall, upon conviction thereof, be fined not less than two hundred fifty dollars ($250.00) or more than one thousand dollars ($1,000.00) 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 may record a notice of violation on the title to the property.
C. 1. The DOPW shall inform the owner that any such violation is considered a wilful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended.
2. The DOPW 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.
3. No site development permit shall be permanently suspended or revoked until a hearing is held by the Village President or a hearing officer appointed by the Village President. Written notice of such hearing shall be served on the permittee and shall state: a) the grounds for compliance or reasons for suspension or revocation; and b) the time and place of the hearing. At the hearing, the permittee shall be given an opportunity to present evidence on his/her behalf. At the conclusion of the hearing, the Village President shall determine whether the permit shall be suspended or revoked. If the hearing is conducted by a hearing officer, the hearing officer shall submit a written report which assesses the credibility of any witnesses and the veracity of any documentary evidence to the Village President along with a transcript of the hearing, prior to the Village President making a determination as to 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. 2008-7-2D, 7-2-2008)