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Collinsville City Zoning Code

SECTION 17

140 - VIOLATIONS AND PENALTIES

Sec. 17.140.010.- Violations of prior regulations.

All violations under the previously existing regulations that exist within the City as of the effective date of the ordinance from which this title is derived, shall continue to be violations and shall not be considered to be legal, nonconforming situations under this title. The City shall have the authority to secure civil remedies for violations of those regulations to the same extent that it may secure similar remedies for violations of this title pursuant to Section 17.030.130 "Severability."

(Zoning Ord. 2009, § 17.140.010)

Sec. 17.140.020. - Violations, penalties and citations.

A.

Citations. If the Building Official determines that a violation of this title or regulations made under its authority has occurred, he shall issue the violator a citation which shall be proceeded upon in accordance with the provisions herein. The citation shall be issued to the violator by the Building Official upon a uniform municipal infraction form provided by the clerk of the municipal court, which shall include a notice or summons to answer the charges against him within the time specified on the form for hearing before the municipal court. Upon issuance of a civil citation, the Building Official shall provide a copy of the notice or summons to the clerk of the municipal court.

B.

Fines for violations. Each day a violation occurs shall be deemed a separate violation. The owner or agent of a structure or premises in or upon which a violation of any provision of this regulation has been committed or shall exist; or the lessee or tenant of an entire structure or entire premises in or upon which violation has been committed or shall exist; or the agent, architect, structure or premises in or upon which violation has been committed or shall exist, shall be punished by a fine not less than seventy- five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) per violation for each and every day that such violation continues.

C.

Enforcement. The City shall have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this title and to abate nuisances maintained in violation thereof. In the event that any building or structure is or is proposed to be erected, constructed, altered, converted or maintained in violation of this title, or any building, structure or land is proposed to be used in violation of this title, the City may, in addition to any other remedies, institute injunction or any other appropriate actions or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about the premises. Attorneys fees for the prosecution of any case pursuant to this section shall be assessed against the person committing the violation.

D.

Stop work order.

1.

Issuance. In addition to other measures available to cause corrective action or to restrain the furtherance of work upon or occupancy of any premises contrary to the provisions of this title, or in a manner contrary to the terms and conditions under which a permit was issued under this title, without need of issuance of a notice of violation or correction order, the Building Official shall have the power and authority to order all work stopped upon the subject building or structure, or in or about the premises whereon the violation or other objectionable condition shall occur. Upon the issuance of an order to stop-work, the work shall be immediately stopped by all persons involved therewith. This stop work order shall be issued in writing and shall be presented (i) to the owner of the property involved, or (ii) to the person doing the work or performing the occupancy. In the event the stop work order is rejected or if no responsible person is present, the order shall be posted on the premises in a conspicuous place. The stop work order shall state (i) the nature of the violation or objectionable condition, (ii) that no work shall proceed unless authorized by the Zoning Official, and (iii) shall identify the premises.

2.

Observance of stop work order. Each person who shall continue, or who shall cause to be continued, any work in or about the building, structure or premises having been subject to a stop work order, except to perform as he is directed to perform to correct or abate a violation or objectionable condition, shall be liable a fine of not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00). Computation of time shall commence upon issuance of the stop work order.

(Zoning Ord. 2009, § 17.140.020)

Sec. 17.140.030. - Fees.

Fees established in accordance with this section shall be paid upon submission of a signed application or notice of appeal. For further information, see Section 17.180.010.

A.

An application fee in the amount established in Title 4 is to be submitted to cover the costs of administration, inspection, publication of notice and similar matters to applicants for special use permit, rezoning (amendment), and variance.

B.

A retainer fee in the amount established in Title 4 is to be submitted with applications for site plan review. This retainer fee will be used to reimburse the City for its costs for planners, engineers, attorneys and other professional services when their services are provided to the City in relation to the site plan review application. Costs over and above the retainer fee will be invoiced to the applicant. There will be no charge for the first preapplication conference described in Section 17.030.070.

(Zoning Ord. 2009, § 17.140.030)