(A) Authority to enforce this chapter.
(1) This chapter shall be enforced by the Zoning Administrator. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be fined in an amount not exceeding $500. Each day such violation is committed or permitted to continue shall constitute a separate offense.
(2) The owners of the land upon which a violation of this chapter has occurred or is occurring shall be prima facie responsible for such violations of this chapter which occur on property owned by such persons; provided, however, the foregoing shall not be construed to relieve the occupants, or any of them, of the land upon which the zoning violation has occurred or is occurring of the responsibility for such violation under this chapter.
(3) When a person receives a notice of a violation and does not comply with the order to correct the violation within the specified time, the Zoning Administrator may elect to proceed under anyone, or combination of, the enforcement measures described within this chapter or otherwise authorized by law to seek correction of the violation or punishment for the offense or both. Nothing in this subchapter shall prevent private action pursuant to provisions in the Illinois Compiled Statutes.
(4) When necessary, the Village Building Official or the Zoning Administrator, after investigation and recommendation, may inform the Village Attorney, who, after review, may institute anyappropriate action or proceeding in law or equity to restrain, correct, or abate such violation, or to recover an appropriate fine for violation of this chapter.
(B) Fines. The court may impose a fine on any person convicted of violating any of the terms or provisions of this chapter. A separate violation shall be deemed to have been committed on each day from the date the violation was determined to be legally established as specified in this subchapter.
(C) Stop work orders. Both the Zoning Administrator and the Village Building Official shall together have the authority to issue a stop work order to any person they have reasonable grounds to believe is committing or has committed a violation of this chapter.
(D) Injunctions, restraining orders, and other proceedings.
(1) In addition to other remedies, the Village Attorney may institute any appropriate action or proceeding which:
(a) Prevents the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use of a structure;
(b) Prevents the occupancy of the building, structure, or land;
(c) Prevents any illegal act, conduct, business, or use in or about the premises;
(d) Restrains, corrects, or abates the violation.
(2) In any action or proceeding for a purpose mentioned in this subchapter, the Village Attorney may request the court with jurisdiction of such action or proceeding to issue a restraining order, or a preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will enforce the provisions of this chapter.
(E) Suspension of licenses and permits. If a violation has been determined to exist and the operation has been issued any type of license or permit by the Village Board of Trustees, the Village Board of Trustees may suspend such license or permit.
(F) Notice to appear. The Zoning Administrator shall have the authority to issue a notice to appear at a designated meeting of the Planning and Zoning Board, to any person the Zoning Administrator has reasonable grounds to believe is committing or has committed a violation of this chapter.
(G) Settlement or private action. Nothing in this subchapter shall preclude the village from negotiating a settlement of a violation. Such settlement may either be negotiated or may be a consent decree.
(Ord. 2020-O-3, passed 2-18-2020)