Unless otherwise expressly allowed by another provision of this code or Illinois law, any violation of this title, including, but not limited to, the following, will be subject to the remedies and penalties provided for in this chapter:

   A.   To use land or buildings in any way not consistent with the requirements of this title;

   B.   To engage in development activity in any way not consistent with the requirements of this title;

   C.   To install or use a sign in any way not consistent with the requirements of this title;

   D.   To engage in the use of a building or land, the use or installation of a sign, or other development activity requiring one or more permits or approvals under this title without obtaining all such required permits or approvals;

   E.   To engage in the use of a building or land, the use or installation of a sign, or other development activity requiring one or more permits under this title in any way inconsistent with any such permit or approval or any conditions imposed thereon;

   F.   To operate any business or other use subject to specific use or operating conditions under this title except in accordance with such use or operating conditions or restrictions;

   G.   To construct a building or other structure or to develop land within a floodplain, except in accordance with the requirements of this title;

   H.   To violate the terms of any permit or approval granted under this title or any condition imposed on such permit or approval;

   I.   To obscure, obstruct or destroy any notice required to be posted or otherwise given under this title; or

   J.   To violate any lawful order issued by any person or entity acting under this title. (Ord. 2013-20)

   A.   Any person, which constructs any public improvement or portion thereof in violation of the provisions of chapter 8 of this title shall be, upon conviction, fined not less than twenty five dollars ($25.00) or more than seven hundred fifty dollars ($750.00) for each offense deemed committed on each day during or on which a violation occurs or continues.

   B.   Whoever shall sell or offer for sale, lease or offer for lease, while chapter 8 of this title is in effect, any lot or lots, block or blocks, within the incorporated limits of the city, or any additions thereto, or any resubdivision of any lot or block therein, or within contiguous territory and not more than one and one-half (11/2) miles beyond the incorporated boundary of said city before all of the requirements of chapter 8 of this title have been complied with, shall be fined not less than twenty five dollars ($25.00) or not more than seven hundred fifty dollars ($750.00) for each lot, block, or part thereof so disposed of, offered for sale, or leased. (Ord. 2013-20)

The owner, tenant or occupant of any land or structure, shall be presumed to know of activity occurring on such land or in such structure and thus may be charged with a violation of this title for any violation found on any premises subject to this title. Where an architect, contractor, builder, agent or other person appears to have participated directly in a violation of this code, the building and neighborhood services division may also charge such person with a violation of this title. The presumption established by this section shall be rebuttable as part of the enforcement proceeding. (Ord. 2013-20)

The building and neighborhood services division may use any of the following remedies and enforcement powers or any combination of such remedies and enforcement powers: (Ord. 2013-20)

Where a violation of this code may also constitute a violation of state or federal law, the building and neighborhood services division may, without effect on the city's enforcement efforts, refer the matter to the Illinois environmental protection agency, the state's attorney's office, the Illinois attorney general, the U.S. army corps of engineers or other appropriate federal, state or regional agency. (Ord. 2013-20)

The building and neighborhood services division may deny or withhold all permits, certificates or other forms of authorization on any land, or structure or improvements thereon:

   A.   Upon which there is an uncorrected violation of a provision of this title or of a condition or qualification of a development order, permit, certificate, approval or other authorization previously granted by the city; and

   B.   Owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this title or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the city. (Ord. 2013-20)

Instead of withholding or denying a permit or other authorization, the building and neighborhood services division designee, or other city official with authority to approve the permit or authorization, may grant such authorization only if adequate assurances are in place to ensure correction of the violation and provided that granting the permit or authorization will not compromise the public health, safety or general welfare. (Ord. 2013-20)

Any permit or other form of authorization required under this title may be revoked by the city manager or by any city official with authority to issue such permit when the responsible city official determines: a) that there is a clear and material departure from the plans, specifications, or conditions as required under terms of the permit, b) that the permit was procured by materially false representation or was issued by mistake, or c) that any of the provisions of this title are being materially violated and, after reasonable notice, such violations have not been corrected.

   A.   Written notice of revocation shall be served upon the owner, the owner's agent or contractor, or upon any person responsible at the site of the building or structure for which such permit was issued, or shall be posted in a prominent location, and thereafter construction shall stop.

   B.   A revocation under this section may be appealed to the zoning board by following the appeals provisions of subsection 15.6.9.1A of this title.

   C.   Upon revocation of a permit or approval, any use or activity on the land which depended on the permit or approval shall cease immediately; this shall have no effect on any separate, lawful use on the property. (Ord. 2013-20)

No plat of any subdivision shall be entitled to be recorded in the county recorder's office or have any validity until it has been approved in the manner prescribed in this chapter. (Ord. 2013-20)

Whenever a building or part thereof is being constructed, reconstructed, altered or repaired in violation of this title, the building and neighborhood services division may order the work to be immediately stopped.

   A.   The stop work order shall be in writing and directed to the person doing the work.

   B.   The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.

   C.   Violation of a stop work order constitutes a misdemeanor. (Ord. 2013-20)

   A.   The city may commence a civil action or proceeding in circuit court to stop any violation of this title or of a permit, certificate or other form of authorization granted hereunder, to remove a violation, or to restore the premises in question to the condition in which they existed prior to violation. The relief sought may include:

      1.   An injunction or other equitable relief;

      2.   A mandatory injunction requiring specific performance of the requirements of a site plan, landscaping plan, environmental remediation plan or any development order, approval or permit requiring specific site improvements as a remedy under this title or as a condition of approval of such development order, approval or permit;

      3.   An order in the nature of mandamus or abatement;

      4.   A civil action in a court of competent jurisdiction to establish liability and to recover damages to property including animal, plant, and aquatic life, caused by any violation;

      5.   A judgment or order enforcing any requirement of, or under, this title to pay a fee or reimburse or compensate the city, including when the city is required or authorized to take specified action at the expense of the landowner; or

      6.   Any other judgment or order available under Illinois law.

   B.   It shall not be a defense to, or ground for dismissal of, these judicial remedies for damages and civil penalties that the city has failed to exhaust its administrative remedies, or has failed to hold an administrative hearing prior to the institution of a civil action.

   C.   In addition to other remedies provided by law, the city may institute any appropriate action or proceeding to prevent, restrain, abate or correct a violation of this title, including, but not limited to, requiring the restoration of property and improvements to their appearance prior to the violation. (Ord. 2013-20)

A person convicted of violating the provisions of this title or of failing to comply with its requirements, shall be fined not less than fifty dollars ($50.00) and not more than seven hundred fifty dollars ($750.00). Each day a violation continues shall be considered a separate offense. Fines resulting from violations of this title are not intended to conflict with the provisions for fines elsewhere in this code. Such other provisions include, but are not limited to, building, plumbing, electrical, housing and fire prevention codes adopted by the city. In addition, nothing stated herein shall prohibit the city from exercising any other legal remedy provided under law. (Ord. 2013-20)

All persons, occupying a principal residential structure or a dwelling unit in a zoning district in which the maximum occupancy regulation makes reference to a family, shall be presumed unrelated when such persons' surnames are different; and any person claiming relation to another person with a different surname shall be held bound to prove the same. (Ord. 2013-20)

   A.   No owner of a dwelling unit shall permit persons to occupy that dwelling unit in a manner which exceeds the specified maximum occupancy regulation for the zoning district in which the dwelling unit is located.

   B.   Whenever persons have surnames which are different and such persons occupy a dwelling unit in a zoning district in which the maximum occupancy regulations make reference to a family, and the number of persons with different surnames indicates noncompliance with the specified maximum occupancy regulations for that dwelling unit, the owner of the dwelling unit shall be presumed to have permitted the occupancy of the dwelling unit by persons in violation of the maximum occupancy regulations.

   C.   For purposes of this section, "owner" is defined as the legal, equitable or beneficial owner of the dwelling unit or a capacity to manage the subject structure pursuant to an agreement or court order. (Ord. 2013-20)

Whenever a zoning violation occurs, any person may file a written complaint with the administrative official in charge of enforcing the provisions of this title. Such complaint shall be on a form provided by the city. The administrative official enforcing this title shall record the complaint, immediately investigate and take such action thereon as may be provided herein. (Ord. 2013-20)