Centerburg City Zoning Code
CHAPTER 1123
Enforcement and Penalties
1123.01 ENFORCEMENT BY THE ZONING ADMINISTRATOR.
(a) The Zoning Administrator is hereby designated as the enforcing officer of this code.
(b) The Zoning Administrator is hereby authorized to enforce as well as issue orders to prevent and stop violations of the provisions of this code.
(c) The Zoning Administrator may request and shall receive, so far as may be necessary in the discharge of their duties, the assistance of the Village Administrator in fixing grades, of the Chief of Police in enforcing orders, of the Solicitor in the prosecution of violations and of other Village officials. In addition, the Zoning Administrator may delegate, at their discretion, the administration of this code and the building permit process to other Village officials. (Ord. 2023-16. Passed 6-5-23.)
1123.02 RECORDS.
The Zoning Administrator shall keep careful and comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered and notices or orders issued. They shall retain on file copies of all papers in connection with building work in accordance with the Village's records retention policy. All such records shall be open to public inspection, at reasonable hours, but shall not be removed from the office of the Zoning Administrator.
(Ord. 2023-16. Passed 6-5-23.)
1123.03 VIOLATIONS.
(a) It shall be unlawful to:
(1) Use or occupy any land or place; build, erect, alter, remodel, restore, or rebuild thereon any building or structure; permit any building or structure to remain on such land; or use, occupy, or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this code;
(2) Use or occupy any parcel of land; use or occupy a new building; or enlarge, substitute, or otherwise change the use, occupancy, or configuration of any land or building, without having received a certificate of zoning approval, site plan approval, conditional use approval, subdivision plat approval, or other required approvals indicating compliance with the provisions of this code, or complying with any and all conditions of such approval;
(3) Violate or fail to perform any condition, stipulation or safeguard set forth in any certificate issued pursuant to this code, or continue to use or occupy the premises or building as previously authorized by such certificate beyond the duration limit therein stated;
(4) Continue construction, renovation, or improvements contrary to a stop work order or notice of violation;
(5) Knowingly make any materially false statement of fact in an application to the Zoning Administrator for any approvals required by this code;
(6) Subdivide land in a manner contrary to the standards and regulations contained in this code; or
(7) Sell land that has not been subdivided in accordance with the regulations in this code.
(b) Each day's continuation of a violation of this section may be deemed a separate offense.
(Ord. 2023-16. Passed 6-5-23.)
1123.04 PERMIT OR CERTIFICATE REVOCATION.
The Zoning Administrator may issue a revocation notice to revoke a permit, certificate, or administrative approval that was issued contrary to this code or that was based upon false information or misrepresentation in the application.
(Ord. 2023-16. Passed 6-5-23.)
1123.05 COMPLAINTS REGARDING VIOLATIONS.
Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a complaint. Such written or verbal complaints shall fully state the causes and basis of the complaint and shall be filed with the Zoning Administrator.
(Ord. 2023-16. Passed 6-5-23.)
1123.06 NOTICE OF VIOLATION.
(a) Upon finding a violation, the Zoning Administrator shall order, in writing, the owner, agent, occupant or operator of such building or premises to correct, within a stated reasonable time, all conditions that are found to be in violation of this code. After such a notice is served, no work, except to correct the violation or comply with the notice, shall proceed on any building or premises included in the violation.
(b) As part of any notice, the Zoning Administrator shall also include the procedure for requesting an opinion from the Planning Commission under Section 1123.07.
(c) Notification shall be complete upon personal delivery, or mailing, of the notice to the owner of the property at their last known address, or where no address is known, by posting the notice in a conspicuous place on the property. Failure of the Zoning Administrator to notify the owner of the property of a violation is not grounds for dismissal of a prosecution based on such a violation. (Ord. 2023-16. Passed 6-5-23.)
1123.07 REQUESTS FOR AN OPINION.
(a) A property owner, upon receiving a notice of an alleged violation of this code may request an opinion from the Planning Commission as to the existence of a violation of this code. A request for an opinion must be filed in writing with the Zoning Administrator within fifteen (15) days after the Zoning Administrator has completed notification pursuant to Section 1123.06 and the filing of a request for an advisory opinion stays any prosecution for the alleged violation.
(b) The request for an opinion shall be reviewed in the same procedural manner as an appeal.
(Ord. 2023-16. Passed 6-5-23.)
1123.08 INSPECTION OF PROPERTY.
(a) The Zoning Administrator may inspect any building erected, altered, moved, razed or converted, and any use of land or premises carried on in alleged violation of any of the provisions of this code.
(b) If the violation does not constitute a great and immediate danger to the public health, safety or welfare, the Zoning Administrator may serve the owner or occupant of such premises or the person in whose name such real estate was last billed for property tax purposes a notice to demand the remedy of the violation within fifteen (15) days of the date set forth in the notice. Service may be had by certified mail or personal service; or by posting the notice on the property and mailing the notice by first class mail.
(Ord. 2023-16. Passed 6-5-23.)
1123.09 INJUNCTION.
No person may erect, construct, alter, repair or maintain any building or structure, or use any land in violation of this code or the regulations enacted pursuant thereto. In the event of any such violation, or imminent threat thereof, upon the request of the Village Council, the Solicitor, on behalf of the Village, shall institute a suit for injunction to prevent or terminate such violation.
(Ord. 2023-16. Passed 6-5-23.)
1123.10 PENALTIES.
Failure to correct the conditions in violation with the provisions of this code, as ordered by the Zoning Administrator, shall constitute a misdemeanor and shall be fined one hundred dollars ($100.00) for each day of the violation. Any other person, who commits, participates in or assists in the continuation of said violation may each be found guilty of a separate offense and suffer the penalties provided.
(Ord. 2023-16. Passed 6-5-23.)
1123.11 REMEDIES.
(a) In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used or any land is or is proposed to be used in violation of this code, or any amendment or supplement thereto, Village Council, the Solicitor, the Zoning Administrator, the Village Administrator, the Village Administrator, or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.
(b) The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.
(Ord. 2023-16. Passed 6-5-23.)
1123.12 AFFECTED PARTIES.
The owner or tenant of any building, structure, premises, or part thereof, and any architect, engineer, surveyor, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation may be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 2023-16. Passed 6-5-23.)
1123.13 OTHER ACTIONS.
Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 2023-16. Passed 6-5-23.)