The building inspector of the village shall enforce this chapter, and in addition thereto, and in furtherance of such authority, shall:

(1)

Determine conformance of application for zoning certificates with regulations of this Code.

(2)

Issue all zoning certificates, and make and maintain records thereof.

(3)

Issue all certificates of occupancy, and make and maintain records thereof.

(4)

Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this chapter.

(5)

Maintain permanent and current records of the administration and enforcement of this chapter, including, but not limited to, applications, processing and decisions for all amendments, conditional uses, variations, and appeals, and designate on the zoning district map each amendment and conditional use granted by the village board.

(6)

Provide and maintain a public information bureau relative to all matters arising out of this chapter.

(7)

Receive, file, and forward to the board of appeals all applications for variations, special exceptions, or other matters on which the board of appeals is required to act under this chapter.

(8)

Forward to the village clerk all applications initially filed with the building inspector for conditional uses, amendments, and other matters under this chapter upon which the board is required to act, and forward to the plan commission copies of such applications upon which it is required to submit reports and recommendations thereto to the board.

(9)

Initiate, direct, and review, from time to time, a study of the provisions of this chapter, and make reports of its recommendations to the plan commission, not less frequently than once a year.

(10)

Upon the approval of the board, being first obtained, issue permits regulating the erection and use of tents for specific periods of time for purposes such as: temporary carnivals, churches, voluntary organizations such as Boy Scouts and Girl Scouts, eleemosynary uses, revival meetings or similar uses; provided, however, that said tents and uses thereof are in conformance with all other ordinances and codes of the village.

(Prior Code, § 22-10-10.01; Ord. of 9-20-1954, § 22-10-10.01)

(a)

Except as hereinafter provided, no permit pertaining to the use of land or permits as required by building codes for the erection, enlargement or structural alteration of a building or structure shall be issued by any officer, department, or employee of the village unless the applications for such permits have been examined by the building inspector, indicating that the applications comply with the provisions of this chapter. Any zoning certificate or certificate of occupancy issued for applications that are in conflict with the provisions of this chapter shall be null and void.

(b)

An application for a zoning certificate for a building or structure and use which requires compliance with performance standards as herein set forth in the manufacturing district section shall have affixed to the certification of a professional engineer, licensed by the state, and those qualifications pertinent to the engineering aspects of the various performance standard regulations previously approved by the board. Such certification shall state that the building or structure and the operation of the use thereof, or the use of land when no building or structure is involved, complies with all provisions of this chapter pertaining to such performance standards. The building inspector shall upon receipt of such application approve and authorize the issuance of a zoning certificate; provided there is compliance with all other relevant provisions of this chapter. Such certificate shall be valid for all purposes. Within 15 days after the date of such approval, the building inspector shall examine said application and if in his opinion the building or structure and operation of the use thereof or use of land not involving a building or structure does not in fact comply with such performance standards regulations, he shall advise such professional engineer, in writing, of his findings. Failure of the professional engineer to submit additional information or make revision in the application necessary to comply with performance standards within 30 days of such notification shall be cause for revocation of the zoning certificate.

(Prior Code, § 22-10-10.02; Ord. of 9-20-1954, § 22-10-10.02)

(a)

All applications for building permits shall be accompanied by a certified survey in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of the lot, of the buildings and accessory buildings existing, and the lines within which the building or structure shall be erected or altered, the existing and intended use of each building or part of a building, the number of dwelling units or lodging rooms the building is designed to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. One copy of such plans shall be returned to the owner when such plans shall have been approved by the building inspector.

(b)

The lot and the location of the building thereon shall be staked out on the ground before construction is started.

(c)

All applications for building permits relating to construction of buildings other than single-family detached residence buildings shall be accompanied by a detailed plan depicting the proposed landscaping, grade and topography of the building site after completion of the improvement and a copy of a colored rendering of the proposed buildings. The plan and the copy of a colored rendering shall become the property of the village.

(Prior Code, § 22-10-10.03; Ord. of 9-20-1954, § 22-10-10.03)

(a)

Any land, vacant on the effective date of the ordinance from which this chapter is derived, and any building, structure, or addition or major alteration thereto, constructed after the effective date of the ordinance from which this chapter is derived shall not be used or occupied until a certificate of occupancy has been issued by the building inspector. No new use shall be made of any land, building, or structure until a certificate of occupancy has been issued.

(b)

Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land or existing building or structure where no building permit is required shall be made to the building inspector.

(c)

A certificate of occupancy may be issued subject to the following:

(1)

An occupancy certificate shall be issued after the building inspector has inspected the premises and finds:

a.

It to be in compliance with all applicable regulations of the zoning district in which it is located; and

b.

That the use or building or structure is in conformance with the plans and specifications for which the building permit was issued.

(2)

The building inspector may issue only one temporary occupancy certificate for each application for a building permit as follows:

a.

For a period not to exceed six months from the date of the issuance, and with provisions, if required, for an extension of not more than a total of three additional months; and

b.

That the portion of the land, building, or structure for which the temporary occupancy certificate is issued has been completed and meets the requirements as set forth above and the remaining portion of the land, building, or structure is in the process of completion.

(3)

Every certificate of occupancy shall be dated, shall state that the use or occupancy complies with the provisions of this chapter and shall be signed by the building inspector.

(4)

The occupancy certificate shall be issued, or written notice shall be given to the applicant specifying the reasons why a temporary or permanent certificate cannot be issued no later than 14 days after the building inspector is notified in writing that the building or premises are ready for occupancy.

(Prior Code, § 22-10-10.04; Ord. of 9-20-1954, § 22-10-10.04)

(a)

Creation and membership. The board of appeals under this chapter is the board of appeals which has been duly created by the village.

(b)

Procedure.

(1)

The board shall have power to adopt rules and regulations for its own government not inconsistent with law and with the provisions of this chapter or any other ordinance of the village.

(2)

Meeting of the board of appeals shall be held at the call of the chairman, and at such times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

(3)

Hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the action of the board and the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(4)

If a quorum is present the board may take action by a majority vote of the members present.

(c)

Jurisdiction and duties. The board shall have the following duties:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination of the building inspector in the enforcement of this chapter.

(2)

To hear and authorize, upon appeal in such specific cases as variations and special exceptions as hereinafter set forth; provided the board shall find that the granting of such variations or special exception will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, and so that the spirit of the chapter shall be observed, public safety, and welfare secured, and substantial justice done.

(3)

To hear or decide all other matters referred to it upon which it is required to act under this chapter.

(d)

Appeals from order of building inspector.

(1)

Authority. The board of appeals shall hear and decide appeals from an administrative order, requirement or determination under this chapter, made by the building inspector.

(2)

Initiation. An appeal may be taken by the board of appeals from any person, firm, or corporation, or any office, department board, bureau, or commission, aggrieved by an administrative order, requirement, decision or determination under this chapter by the building inspector.

(3)

Processing. An appeal shall be filed with the building inspector and the board of appeals and thereafter processed as prescribed by applicable state statutes.

(e)

Variation and special exceptions.

(1)

Authority. The board of appeals may grant a variation or special exception of the provisions of this chapter when it shall have made findings based upon the evidence presented to it in the following cases:

a.

The variance will not be contrary to the public interest.

b.

Substantial justice will be done by granting the variance.

c.

The variance is needed so that the spirit of the ordinance is observed.

d.

Due to special conditions, a literal enforcement of the provisions of the zoning ordinance will result in unnecessary hardship.

(2)

Types of variances and special exceptions. Physical characteristic and use variances, and special exceptions, may be allowed by the board of appeals subject to then governing state statute and common law.

(3)

Initiation. An application for a variation, special exception, or other applicable matters may be made by any person, firm, corporation, organization, or any governmental office, department, board, bureau, or commission, who had or is intending to file an application for a zoning certificate under this chapter.

(4)

Processing. An application for a variation, special exception, or other applicable matters shall be filed in the office of the building inspector and thereafter forwarded to the board of appeals for processing and decision in a manner prescribed by state statutes.

(Prior Code, § 22-10-10.05; Ord. of 9-20-1954, § 22-10-10.05; Ord. No. 06-05, § I, 3-20-2006; Ord. No. 06-08, § II, 6-5-2006; Ord. No. 10-04, § I(V), 4-19-2010; Ord. No. 12-06, § I, 5-7-2012)

State Law reference— Board of appeals, Wis. Stats. §§ 61.35, 62.23(7)(e).

(a)

Creation. The plan commission referred to in this chapter is the plan commission which has been duly created by the village.

(b)

Jurisdiction.

(1)

It shall be the function and duty of the commission to make and adopt a comprehensive plan for the physical development and/or redevelopment of the village. The comprehensive plan, with the accompanying maps, plats, charts and descriptive and explanatory matter, shall show the commission's recommendations for such physical development as described in Wis. Stats. § 62.23(3)(b) and contain at least the elements described in Wis. Stats. § 66.1001(2), when adopted. The commission may from time to time amend, extend, or add to the comprehensive plan or carry any part or subject matter into greater detail. The commission may adopt rules for transacting business and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record.

(2)

The commission may make reports and recommendations relating to the plan and development of the village to public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens. The commission shall submit reports and recommendations to the village board on all applications for amendments to the zoning district map, or regulations of this chapter, and all applications for conditional permitted uses. It may recommend to the village president and the board of trustees, programs for public improvements and the financing thereof. The commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. In general, the commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning.

(c)

Matters referred to the plan commission.

(1)

The village board, other public body or officer of the village having final authority on a matter shall refer to the village plan commission for its consideration and report before final action is taken by the village board, public body or officer, the following matters:

a.

The location of any public building (e.g., village hall, museum, public and private schools);

b.

The location of any public statue or memorial;

c.

The location, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any street, alley or other public way, park, playground, airport, area for parking vehicles, or other memorial or public grounds;

d.

The location, extension, abandonment or authorization for any public utility whether publicly or privately owned;

e.

All plats of lands in the village;

f.

The amendment or repeal of any ordinance adopted pursuant to its jurisdiction; or

g.

Proposed changes to the official map.

(2)

Site development of commercial, industrial, institutional, park, or multifamily residential districts shall be approved by the plan commission in accordance with sections 121-3 and 121-9.

(d)

Procedures. Procedures on matters pertaining to amendments and special uses under the jurisdiction of the plan commission in this chapter shall be in accordance with the provisions of Wis. Stats. § 62.23.

(Prior Code, § 22-10-10.06; Ord. of 9-20-1954, § 22-10-10.06)

(a)

Authority. For the purpose of promoting the public health, safety, morals, comfort, prosperity and general welfare throughout the village and lessening or avoiding congestion in the public streets and highways, the village board may, from time to time, in the manner set fort in applicable state statutes amend the regulations imposed by this chapter; provided that due allowance shall be made for existing conditions, the conservation of property values, the directions of building development to the best advantages of the entire village and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.

(b)

Initiation. Amendments may be proposed by the village board or any member thereof, the plan commission, board of appeals, or any person, firm, corporation or organization provided such person, firm, corporation, organization shall have a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, or any exclusive possessory interest and which is specifically enforceable in the land which is described in the application for an amendment.

(c)

Procedures and decisions. Applications for amendments shall be processed and decided in accordance with provisions of Wis. Stats. § 62.23(7)(d). The report and recommendation of the plan commission submitted to the village board for each application for an amendment shall set forth the following:

(1)

That the property in question has not less than 100 feet of width and not less than 110 feet of depth, except for the expansion of an existing district.

(2)

The zoning classification of property within the general area of the property in question.

(3)

The suitability of the property in question to the uses permitted under the existing zoning classification.

(4)

The trend of development, if any, in the general property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification and conformance with the comprehensive plan for the village.

(Prior Code, § 22-10-10.07; Ord. of 9-20-1954, § 22-10-10.07)

State Law reference— Amendments, Wis. Stats. §§ 61.35, 62.23(7)(d).

(a)

Purpose.

(1)

The development and execution of this chapter is based upon the division of the village into zoning districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which because of their unique characteristics cannot be properly classified in any particular district or districts without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use of the particular location. Such special uses fall into two categories:

a.

Uses publicly operated or traditionally affected with a public interest.

b.

Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(2)

The establishment of the conditional permitted use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(3)

Adequate public utilities, access roads, drainage and/or other necessary site improvements have been or are being provided. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(b)

Approval required. Uses listed as permitted by conditional use permit may be allowed in the district in which they are listed upon petition for such permit to the village and subject to the approval of the village board upon recommendation of the plan commission and to such other conditions as hereinafter designated.

(c)

Changes and amendments. No permit for expansion, alteration or change that materially alters or impacts the use as granted shall be issued until an application for amendment of the special use has been filed and considered by the village board.

(d)

Basis of approval. The village board upon recommendation of the plan commission shall base their determination on general consideration as to the effect of such a permit on the health, general welfare, safety and economic prosperity of the village and specifically of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive, or nuisance effect as a result of noise, dust, smoke or odor and such other factors as would be appropriate to carrying out the intent of conditional use permits as expressed in section 121-10.

(e)

Petition. A request for a conditional use permit shall be submitted in writing to the village, which shall refer such petition to the plan commission for recommendation. Such petition shall be accompanied by appropriate data and information necessary for proper evaluation of the request including but not limited to the following:

(1)

An accurate map of the property including indication of general terrain and topographic characteristics, the location of all significant terrain features such as streams, ponds, tree growth, etc., and the location of all existing structures.

(2)

An accurate and complete written description of the use for which the conditional use permit is being requested including pertinent statistics and operational plan.

(3)

Plans and other drawings showing proposed development of the site and buildings including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, etc.

(4)

Any other pertinent information required by the plan commission or village board as set forth in forms supplied by the department of community development.

(5)

All other information required by this chapter, including but not limited to the information required by section 121-10(c)(3).

(f)

Hearing. Upon receipt of the petition the plan commission shall hold a public hearing thereon.

(g)

Notice. Notice of the proposed conditional use and a copy of the public hearing notice shall be sent by regular mail to the owners of all property within 500 feet.

(h)

Determination. Following the public hearing and necessary study and investigation by the plan commission, the village board shall as soon as practical render its decision. A copy of the minutes reflecting the decision shall be made a permanent part of the village board records.

(i)

Mapping and recording. When a conditional use permit is approved, the building permit, and occupancy and zoning certificates, shall be appropriately noted and such permit shall be applicable solely to the structures, use and property so described.

(j)

Termination. Where a permitted conditional use is not in conformity with the conditions of the original approval or for similar cause based upon consideration for public welfare the conditional use permit may be terminated by action of the village board following referral to the plan commission for recommendation. Such use shall thereafter be classified as a legal nonconforming use, except that where the action is due to failure to comply with the conditions of the conditional use permit, the village board may require complete termination of such use. If the conditionally permitted use is discontinued or abandoned for a period of 12 consecutive months, the conditionally permitted use shall terminate automatically without further action by the village board unless the board has granted a different period of time in the conditional use permit.

(k)

Application to existing uses.

(1)

A use which existed lawfully on a lot at the time said lot was placed in a district where such use would be permitted only as a conditional permitted use, may retain permitted conditional use status subject to submitting the data required under section 121-10.

(2)

The permit of the conditional use in such case shall be based upon the existing conditions at the time, however, the village board upon recommendation of the plan commission may require improvements in general building appearance, in storage of trash and other materials, in the provision of more satisfactory off-street parking, in the use of planting or fencing screens where necessary, and in operational matters relating to the control of noise, dust, odor, smoke, and excessive glare or illumination of lighting; provided that such measures be within the reasonable economic capacities of such a use. Any expansion or change in use shall require an amendment of the conditional use permit.

(3)

Petition may be made at any time for expansion or other change of the conditional use permit and such petition shall not prejudice the existing permit as herein authorized.

(l)

Standard requirements.

(1)

Except as may be specifically otherwise provided, any such use shall conform to the building location, height, building size, lot size, and open space regulations of the district in which it is located.

(2)

Building, site and operation plans of the proposed use shall be submitted for approval by the plan commission. Such plans shall be in sufficient detail to enable the commission to evaluate the suitability of architectural and landscape treatment; the proper location of the building or buildings on the lot; the satisfactory provision for parking and circulation needs, for stormwater drainage and sewage disposal, for adequate planting screen where necessary to eliminate noise, dust, odor, smoke, or other objectionable operating conditions; and the general compatibility of the proposed use with the area in which it is located.

(m)

Special requirements. In addition to the general standards and requirements as stated in this section, conditionally permitted uses shall be subject to more specific standards and requirements appropriate to the particular use, which standards and requirements may be set out in a supplementary guide of standards and criteria for the regulation of conditionally permitted uses as adopted by the plan commission, and modified from time to time in order that they reflect the best and most contemporary of regulatory practices.

(n)

Modification regulations. Parking, in accordance with article VIII of this chapter, bulk and area requirements applicable to uses permitted by right or as accessory uses in any district by the regulations of this chapter may be modified or waived by the plan commission in their application to a conditional use if in the commission's opinion they are not appropriate or necessary to the proper regulation of the conditional use, and where such modification or waiver would not, in the commission's opinion, result in adverse effect upon the surrounding properties.

(o)

Accessory uses and structures. Uses and structures accessory to a principal conditional permitted use shall be subject to appropriate regulations in the same manner as herein set forth for the principal conditional use.

(Prior Code, § 22-10-10.08; Ord. of 9-20-1954, § 22-10-10.08; Ord. No. 05-06, § I, 2-21-2005; Ord. No. 05-09, § I, 3-7-2005)

(a)

Preamble. The regulations of this section are intended to provide controls over nonconforming uses, buildings and structures, and to specify those circumstances and conditions under which those shall be discontinued when the nonconforming use ceases by discontinuance or abandonment, in accordance with the authority granted by the state statutes.

(b)

Authority to continue nonconforming buildings, structures, and uses. Any building, structure, or use which existed lawfully at the time of the adoption of this chapter or any subsequent amendment thereto, may be continued only in accordance with the following regulations:

(1)

Repairs and alterations. Ordinary repairs and alterations may be made to a nonconforming building or structure; provided that no structural alterations shall be made in or to such building or structure, all or substantially all of which is designed and intended for a use not permitted in the district in which it is located, except those required by law, or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. Ordinary repairs and alterations shall be determined by the building inspector.

(2)

Additions and enlargements.

a.

A nonconforming building or structure all or substantially all of which is designed and intended for a use not permitted in the district in which it is located shall not be added to or enlarged in any manner unless such nonconforming building or structure and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located.

b.

A building or structure, all or substantially all of which is designed and intended for a use permitted in the district in which it is located but is nonconforming only as to bulk, may be added to or enlarged for a use permitted in the district; provided such addition conforms to all bulk regulations of the district in which it is located.

(c)

Moving. No building or structure shall be moved in whole or in part to any other location unless every portion of such building or structure and the use thereof is designed and used or intended for a use permitted in the district to which it is moved and there is conformance with all other regulations of such district.

(d)

Restoration of damaged nonconforming buildings or structures. A building, structure or portion thereof all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed 50 percent of is assessed value, shall not be restored unless said building or structure and the use thereof shall conform to all regulations herein for the district in which it is located. In the event that the cost of restoration is less than 50 percent of such assessed value and restoration has not started within one year from the date of the partial destruction and diligently prosecuted to completion, such partially destroyed nonconforming building shall not thereafter be restored unless such building or structure and the use thereof is made to conform with the regulations herein for the district in which it is located. Assessed valuation shall be the dollar valuation upon which real estate taxes are assessed for the year in which such building or structure is destroyed or damaged.

(e)

Discontinuance of use of nonconforming building or structure. A building, structure or portion thereof all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and in which the use has ceased by discontinuance or abandonment, on the effective date of the ordinance from which this chapter is derived or thereafter is abandoned and remains unoccupied, or is not used for a continuous period of one year, shall not thereafter be occupied or used, except by a permitted use in the district in which it is located.

(f)

Change of use in nonconforming building or structure. The nonconforming use of building or structure all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, may be changed to a use permitted in the district in which the building or structure is located, or to another nonconforming use when authorized by the board of appeals as herein regulated in article II of this chapter and the nonconforming use of a part of such a building may be extended to the remaining parts of the building. No change or extension of a use, whether or not it is a use permitted in the district, shall extend or otherwise modify any other provision of this section.

(g)

Nonconforming uses of conforming buildings or structures. The existing nonconforming use of a part or all of a conforming building or structure may be continued subject to the following provisions:

(1)

The nonconforming use of a part of a conforming building or structure shall not be expanded or extended into any other portion of such building or structure, or the use of such building or part thereof, or structure, shall not be changed to any other nonconforming use.

(2)

If a nonconforming use of such a building or structure is discontinued, or abandoned for a period of one year, it shall not be renewed and any subsequent use of such building or structure shall conform to the use regulations of the district in which the premises are located.

(3)

In all residence districts, any lawful nonconforming use existing on the effective date of the ordinance from which this chapter is derived, or any applicable amendment to this chapter, that is located in a building which is all or substantially all designed and intended for a use allowed in any residence district, and such nonconforming use is a use that is not permitted in any residence district, shall be discontinued not more than ten years after the effective date of the ordinance from which this chapter is derived.

(h)

Nonconforming use of land. The nonconforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of land, may be continued subject to the following provisions:

(1)

Such nonconforming use of land and incidental accessory buildings or structures thereon shall not be expanded, extended, or enlarged to another lot or beyond the area it occupied on the lot upon which it is located on the effective date of the ordinance from which this chapter is derived, or any applicable amendment thereto.

(2)

If such a nonconforming use of land is discontinued or abandoned for a period of six consecutive months, it shall not thereafter be renewed, and subsequent use of land shall conform to the regulations of the district in which the land is located.

(3)

A nonconforming use of land shall not be changed to another nonconforming use.

(Prior Code, §§ 22-9-9.01, 22-9-9.02; Ord. of 9-20-1954, §§ 22-9-9.01, 22-9-9.02.)

All zoning applications and construction code fees are per the village community services department fee schedule as from time to time set by the village board. An updated copy of the fee schedule is kept on file at village hall.

(Prior Code, § 22-10-10.09; Ord. of 9-20-1954, § 22-10-10.09; Ord. No. 04-01, § I, 3-15-2004; Ord. No. 08-13, § I, 12-15-2008)

(a)

Inspection.

(1)

The village manager or his designee shall make an investigation upon belief of a violation or referral or complaint of a claimed violation of any provisions of this chapter.

(2)

Whenever a property or structure in the village is determined to be in noncompliance with the provisions of this chapter, it shall be termed to be "in violation."

(b)

Notice of violation. The village manager or his designee shall serve such notice of violation to the owner, operator or the occupant of the property or structure. Said notice shall:

(1)

Be in writing;

(2)

Include a description of the real estate, sufficient for identification;

(3)

Include a statement for the reason or reasons of issue;

(4)

Include a description of the repairs and improvements necessary to bring such property or structure into compliance with this chapter and any rules or regulations adopted thereto;

(5)

Include a period in which compliance with the stated violation(s) must be completed, utilizing the following:

a.

If nonlife-threatening, 30 days to comply with order;

b.

If life-threatening, five days to comply with order, unless imminent risk to health, welfare or safety requires immediate compliance.

(6)

Be served upon the owner, operator or the occupant as the case may require; provided that such notice shall be deemed to be properly served upon such owner, occupant or operator if a copy thereof is delivered personally, by a copy thereof being sent by registered or certified mail with return receipt requested to the last known address of the owner, operator or occupant, or, in the event the registered or certified mail is returned with receipt showing nondelivery, such notice shall be made by posting a copy thereof in a conspicuous place in, on, or about the commercial property affected by the notice.

(c)

Remedy. In the event the violation is not thereafter cured the village shall have all remedies as contemplated by section 1-7 of the Village Code.

(Ord. No. 15-04, § II, 3-2-2105)