(A) Violations — types. No person shall construct, alter, use, maintain, or allow any building or property to be used or maintained in violation of the provisions of this chapter. In addition to any other actions which may constitute a violation, the following constitute violations of this chapter and shall be strict liability offenses:
(1) The use, arrangement, or construction of a building, structure, or improvement to land does not conform with that authorized by approved drawings.
(2) (a) The improvement is constructed or a use is operating without obtaining the appropriate permits or zoning approval.
(4) The use of the structure or land does not comply with conditions or standards enumerated in a provisional, or special use approval.
(5) The sale, conveyance, or use of any portion of a lot which reduces the following:
(a) The lot area below the minimum area requirements of this chapter.
(b) The lot area to the extent that the floor area ratio is greater than the maximum permitted by this chapter.
(c) The usable open space areas below the open space ratio and usable open space requirements of this chapter.
(d) The depth or width of a yard to less than the minimum depth or width required by this chapter.
(e) The number and size of parking spaces on the lot is below the minimum number of such spaces required by this chapter.
(B) Presumptions for violations. The following shall be presumed for assessing the existence and length of a violation:
(1) Persons are presumed to be fully aware of the provisions and regulations of this chapter and ignorance of such does not exempt such persons from the enforcement action provided for in this chapter.
(2) A violation shall be presumed to have existed from the earliest date that can be legally established through the following means:
(a) The date of issuance of a notice of violation by the Village Building Official or the Zoning Administrator.
(b) The date of a license, permit, registration, inspection report, or other documentation from any governmental agency in relation to the offense or that permits a use that would not otherwise be permitted in this chapter.
(c) The date of any advertisement, correspondence, or other documentation generated by the establishment announcing or describing the nonconforming operation of that establishment.
(d) The date of collection or reporting of taxes, fees, or other payments to any agency in relation to the offense.
(e) Any other documentation that can establish the existence of the nonconforming operation.
(3) A separate offense shall be deemed committed on each day during which a violation of this chapter occurs or continues after it has been established that the violation existed in accordance with this subchapter, unless the person charged establishes that the violation did not occur on a subsequent date or dates.
(4) Enforcement action on a violation may be initiated against the owner, whether legal, equitable, or in the case of an Illinois land trust, a beneficial interest, a tenant, occupant, or other person with ownership interest in or control of the property.
(C) Notice of violation. Whenever the Village Building Official or the Zoning Administrator determines that there has been a violation of this chapter, or has reasonable grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed below. Such notice shall:
(1) Be in writing.
(2) (a) Include the date the violation is established and the date the notice is served.
(b) Include a description of the real estate sufficient for identification.
(3) Include a statement of the reason or reasons why the notice is being issued, including the subchapter of this chapter that is being violated.
(4) Include a correction order allowing a reasonable time for the action, not to exceed 60 days as determined by the Zoning Administrator, as is necessary to bring the property into compliance with the provisions of this chapter or otherwise cease the violation. Additional time for compliance may be allowed with the approval of the Planning and Zoning Board or the Village Board of Trustees.
(5) Include an explanation of the owner(s) or person(s) charged with the violation the right to appeal the notice to the Planning and Zoning.
(D) Service of notice. Such notice shall be deemed to be properly served upon such owner or person charged if:
(1) A copy thereof is personally delivered to the owner(s) or person(s) charged; or
(2) The notice is left at the usual place of abode, in the presence of a resident of suitable age and discretion who shall be informed of the contents thereof; or
(3) The notice is sent by registered mail addressed to the owner(s) or person(s) charged at their last known address; or
(4) If the letter is returned showing that it has not been delivered, by:
(a) Posting a copy thereof in a conspicuous place in or about the structure affected by such notice; and
(b) At least one publication of such notice in a local newspaper of general circulation.
(Ord. 2020-O-3, passed 2-18-2020)