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Brighton City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 155.110 CODE OFFICIAL.

   (A)   Office established. The office of Code Official of this municipality is hereby established. The Code Official shall be the executive head of this office.
   (B)   Duties. The Code Official is hereby authorized and directed to diligently administer and enforce the provisions of this chapter. This broad responsibility encompasses, but is not limited to, the following specific duties:
      (1)   To review applications pertaining to land, structures, and the uses of land and/or structures;
      (2)   To supervise inspections of land, structures, and the uses of land and/or structures to determine compliance with this chapter, and where there are violations, to initiate appropriate action to secure compliance;
      (3)   To receive and file all applications for amendments and special use permits;
      (4)   To maintain up-to-date records of this chapter, including, but not limited to, district maps, special use permits, variances, interpretative decisions of the Board of Appeals, amendments, and all applications related to any of these matters;
      (5)   To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on these matters to the Village Board at least once each year;
      (6)   To cause copies of this chapter (including the district map) and any amendments thereto to be printed from time to time, as necessary; and
      (7)   To provide information to the general public on topics related to this chapter.
(Prior Code, § 10-7-1) (Ord. passed 4-19-1999)

§ 155.111 BUILDING PERMITS.

   (A)   No lot or structure or part thereof that has been created, developed, erected, enlarged, altered, relocated, or reconstructed after the effective date of this chapter shall be used or occupied until a building permit has been issued.
   (B)   The Code Official shall issue no building permit unless he or she determines, by inspection, that the lot or structure as completed, and the proposed use thereof, conforms to all applicable provisions of this chapter.
(Prior Code, § 10-7-2) (Ord. passed 4-19-1999) Penalty, see § 155.999

§ 155.112 PROCEDURES UPON VIOLATION.

   Whenever the Code Official determines, by inspection or by other means, that reasonable grounds exist for believing that any lot, structure, or use is in violation of this chapter, he or she shall so notify the responsible party in writing, and shall institute appropriate measures to secure compliance.
   (A)   Corrective action order. To secure compliance with this chapter, the Code Official may issue a corrective action order. Such order shall be deemed properly served upon the owner, occupant, or operator of the offending lot, structure, or use if it is served upon such party personally, sent by registered mail to his or her last known address, or posted in a conspicuous place on or about the affected premises. Corrective action orders shall include:
      (1)   A description of the premises sufficient for identification;
      (2)   A statement of what constitutes the violation;
      (3)   An outline of the remedial action necessary to effect compliance;
      (4)   The date by which the violation must be corrected;
      (5)   The date by which any appeal of the correction order must be filed with the Board of Appeals, a statement of the procedure for so filing, and a statement that the failure to file an appeal shall be considered as a final decision of the Board of Appeals;
      (6)   A statement that failure to abide by a corrective action order constitutes a separate violation of this chapter; and
      (7)   A statement of the penalties attached to any violation of this chapter.
   (B)   Stop-work order. Whenever any building or structure, including fixtures, is constructed, reconstructed, altered, repaired, converted, or maintained or any building or structure, including fixtures, or land, is used in violation of this chapter, the Code Official may order that such work be stopped immediately. The Code Official’s stop-work order may be served on any person engaged in or responsible for such work or use, or may be posted in a conspicuous place on or about the affected premises. Failure to abide by a stop-work order shall be unlawful and deemed a separate violation of this chapter. Any person served with a stop-work order may appeal such stop-work order to the Board of Appeals, and the failure to do so shall be considered as a final decision of the Board of Appeals.
(Prior Code, § 10-7-3) (Ord. passed 4-19-1999) Penalty, see § 155.999

§ 155.113 EMERGENCY MEASURES.

   Notwithstanding any other provisions of this chapter, whenever the Code Official determines that any violation of this chapter poses an imminent peril to life or property, he or she may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition. The Code Official shall take no such action until he or she has consulted with the Village Attorney.
(Prior Code, § 10-7-4) (Ord. passed 4-19-1999)

§ 155.114 COMPLAINTS.

   Whenever any violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Code Official. The Code Official shall record such complaints, immediately investigate, and, if necessary, institute appropriate corrective measures.
(Prior Code, § 10-7-5) (Ord. passed 4-19-1999)

§ 155.115 VIOLATIONS.

   (A)   Noncompliance. Failure to comply with any provision of this chapter shall constitute a misdemeanor, and each day that such violation continues shall be considered a separate offense.
   (B)   Other lawful action. Nothing contained in this section shall prevent this municipality from taking any other lawful action that may be necessary to secure compliance with this chapter.
   (C)   Preventative action. In addition to any other remedy or penalty, the village may institute any appropriate action or proceeding:
      (1)   To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;
      (2)   To prevent the occupancy of the building, structure, or land;
      (3)   To prevent any illegal act, conduct, business, or use in or about the premises;
      (4)   To restrain, correct, or abate the violation; or
      (5)   To take such other action available at law or equity to enforce the terms, purposes, and intent of this chapter.
(Prior Code, § 10-7-6) (Ord. passed 4-19-1999) Penalty, see § 155.999

§ 155.116 REVIEW UNDER ADMINISTRATIVE REVIEW LAW.

   All final decisions of the Board of Appeals shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, being 735 ILCS 5/3-101 et seq.
(Prior Code, § 10-7-7) (Ord. passed 4-19-1999)