The zoning administrator and his designee are hereby authorized to enforce this title. For the purposes of this title, the term zoning administrator as used here throughout shall be inclusive of his designee. (Ord. Z-8-98, 9-21-1998)
12-4-2: COMPLAINTS REGARDING VIOLATIONS:
Whenever the zoning administrator receives a complaint alleging a violation of this title, he shall investigate the complaint and shall take whatever action is warranted. (Ord. Z-8-98, 9-21-1998)
12-4-3: PERSONS LIABLE FOR VIOLATIONS:
The owner, tenant, or occupant of any building or land or part thereof, and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this title, may be held responsible for the violation, suffer the penalties, and be subject to the remedies herein provided. (Ord. Z-8-98, 9-21-1998)
12-4-4: RIGHT TO ENTER AND MAKE INSPECTIONS:
The zoning administrator is hereby authorized to make inspections of all buildings, structures and premises located within the city to determine their compliance with the provisions of this title. For the purpose of making such inspection, the zoning administrator is hereby authorized to examine and survey all buildings, structures and premises within the city. Such inspection shall be made within the hours of six thirty o'clock (6:30) A.M. and nine o'clock (9:00) P.M. on any days except Sunday subject to the following standards and conditions:
A. Inspections: Such inspections may take place only if:
1. A complaint respecting said premises has been received by the zoning administrator subject to section 12-4-2 of this chapter, and said complaint, in the opinion of said administrator, provides reasonable grounds for belief that a violation exists; or
2. If such inspection is undertaken as part of a regular inspection program whereby certain areas of the city are being inspected in their entirety by direction of the zoning administrator or the mayor.
B. Identification And Purpose: Any person making such inspection shall furnish to the owner or occupant of the structure sought to be inspected, sufficient identification and information to enable the owner or occupant to determine that he is a representative of the city, and to determine the purpose of the inspection.
C. Warrant: If the owner shall refuse to grant entry, the zoning administrator or authorized representative may apply to any court of competent jurisdiction for a warrant or other legal process for the purpose of securing entry to any premises. (Ord. Z-8-98, 9-21-1998)
12-4-5: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
A. Notice: If the zoning administrator finds that any provision of this title is being violated, he shall provide written notice to the persons responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The notice also shall state what action is available to the zoning administrator and that an appeal of his decision may be taken. Additional written notices may be provided at the zoning administrator's discretion.
B. Enforcement Without Notice: Notwithstanding the foregoing, in cases where delay would seriously threaten the effective enforcement of this title or pose a danger to the public health, safety, or welfare, the zoning administrator may seek enforcement without prior written notice by invoking any penalties or remedies authorized in this chapter. (Ord. Z-8-98, 9-21-1998)
12-4-6: PENALTIES AND REMEDIES FOR VIOLATIONS:
A. Violations And Fines: Violations of the provisions of this title or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances, conditional uses, or planned developments, shall constitute a common nuisance. Any person convicted of violating this title may either be fined not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00). In addition, any person found in violation of this title shall be expected to pay all costs and expenses related to adjudicating the offense.
B. Separate Offense: Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense. (Ord. Z-8-98, 9-21-1998)
12-4-7: REVOCATION OF DEVELOPMENT APPROVALS:
A zoning certificate, certificate of occupancy, or any other development approval may be revoked by the zoning administrator in accordance with this chapter if the recipient of the approval fails to develop or maintain the property in accordance with the plans submitted, the requirements of this title, or any additional requirements lawfully imposed in connection with the issuance of the approval. Before a development approval can be revoked, the zoning administrator shall undertake the following procedures:
A. Notice And Opportunity To Comment: The zoning administrator shall cause a written notice of intent to revoke the development approval to be delivered to the recipient of the approval at least ten (10) working days prior to the date of the proposed revocation. The notice of intent to revoke the approval shall inform the recipient of the alleged reasons for the revocation and of his right to obtain a hearing on the allegations.
B. Hearing: If the development approval holder desires a hearing, the zoning administrator shall set a date for a public hearing.
C. The Zoning Administrator's Decision: After the expiration of the ten (10) working day notice and comment period, or within ten (10) working days of the close of the public hearing, the zoning administrator shall, by written order, render his decision on the proposed revocation. The written order shall contain a statement of the specific reasons and findings of fact that support his decision.
D. Notification Of Decision: The zoning administrator shall send his decision within five (5) working days to the development approval holder and any other person(s) previously requesting notification.
E. Evidence: The burden of presenting sufficient evidence to the zoning administrator to conclude a development approval should be revoked for any of the reasons set forth in this chapter shall be upon the party proposing the revocation.
F. Result Of Revocation: No person may continue to make use of land or buildings in the manner authorized by any development approval after the approval has been revoked in accordance with the provisions of this chapter.
G. Records: A record of all written notices of the intent to revoke a development approval shall be kept on file in the office of the zoning administrator. At least once a year, the zoning administrator shall make public a listing of his decisions, by address, regarding the written notices of the intent to revoke a development approval. (Ord. Z-8-98, 9-21-1998)
12-4-8: APPEALS:
A decision of the zoning administrator or his authorized representatives may be appealed to the planning and zoning board subject to the regulations of section 12-3-9, "Appeals", of this title. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)
12-4-9: PRIVATE REMEDIES RESERVED:
Nothing in this chapter shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this title from bringing an appropriate action to secure relief. (Ord. Z-8-98, 9-21-1998)
Des Plaines City Zoning Code
CHAPTER 4
ENFORCEMENT AND PENALTIES
12-4-1: AUTHORITY:
The zoning administrator and his designee are hereby authorized to enforce this title. For the purposes of this title, the term zoning administrator as used here throughout shall be inclusive of his designee. (Ord. Z-8-98, 9-21-1998)
12-4-2: COMPLAINTS REGARDING VIOLATIONS:
Whenever the zoning administrator receives a complaint alleging a violation of this title, he shall investigate the complaint and shall take whatever action is warranted. (Ord. Z-8-98, 9-21-1998)
12-4-3: PERSONS LIABLE FOR VIOLATIONS:
The owner, tenant, or occupant of any building or land or part thereof, and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this title, may be held responsible for the violation, suffer the penalties, and be subject to the remedies herein provided. (Ord. Z-8-98, 9-21-1998)
12-4-4: RIGHT TO ENTER AND MAKE INSPECTIONS:
The zoning administrator is hereby authorized to make inspections of all buildings, structures and premises located within the city to determine their compliance with the provisions of this title. For the purpose of making such inspection, the zoning administrator is hereby authorized to examine and survey all buildings, structures and premises within the city. Such inspection shall be made within the hours of six thirty o'clock (6:30) A.M. and nine o'clock (9:00) P.M. on any days except Sunday subject to the following standards and conditions:
A. Inspections: Such inspections may take place only if:
1. A complaint respecting said premises has been received by the zoning administrator subject to section 12-4-2 of this chapter, and said complaint, in the opinion of said administrator, provides reasonable grounds for belief that a violation exists; or
2. If such inspection is undertaken as part of a regular inspection program whereby certain areas of the city are being inspected in their entirety by direction of the zoning administrator or the mayor.
B. Identification And Purpose: Any person making such inspection shall furnish to the owner or occupant of the structure sought to be inspected, sufficient identification and information to enable the owner or occupant to determine that he is a representative of the city, and to determine the purpose of the inspection.
C. Warrant: If the owner shall refuse to grant entry, the zoning administrator or authorized representative may apply to any court of competent jurisdiction for a warrant or other legal process for the purpose of securing entry to any premises. (Ord. Z-8-98, 9-21-1998)
12-4-5: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
A. Notice: If the zoning administrator finds that any provision of this title is being violated, he shall provide written notice to the persons responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The notice also shall state what action is available to the zoning administrator and that an appeal of his decision may be taken. Additional written notices may be provided at the zoning administrator's discretion.
B. Enforcement Without Notice: Notwithstanding the foregoing, in cases where delay would seriously threaten the effective enforcement of this title or pose a danger to the public health, safety, or welfare, the zoning administrator may seek enforcement without prior written notice by invoking any penalties or remedies authorized in this chapter. (Ord. Z-8-98, 9-21-1998)
12-4-6: PENALTIES AND REMEDIES FOR VIOLATIONS:
A. Violations And Fines: Violations of the provisions of this title or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances, conditional uses, or planned developments, shall constitute a common nuisance. Any person convicted of violating this title may either be fined not less than seventy five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00). In addition, any person found in violation of this title shall be expected to pay all costs and expenses related to adjudicating the offense.
B. Separate Offense: Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense. (Ord. Z-8-98, 9-21-1998)
12-4-7: REVOCATION OF DEVELOPMENT APPROVALS:
A zoning certificate, certificate of occupancy, or any other development approval may be revoked by the zoning administrator in accordance with this chapter if the recipient of the approval fails to develop or maintain the property in accordance with the plans submitted, the requirements of this title, or any additional requirements lawfully imposed in connection with the issuance of the approval. Before a development approval can be revoked, the zoning administrator shall undertake the following procedures:
A. Notice And Opportunity To Comment: The zoning administrator shall cause a written notice of intent to revoke the development approval to be delivered to the recipient of the approval at least ten (10) working days prior to the date of the proposed revocation. The notice of intent to revoke the approval shall inform the recipient of the alleged reasons for the revocation and of his right to obtain a hearing on the allegations.
B. Hearing: If the development approval holder desires a hearing, the zoning administrator shall set a date for a public hearing.
C. The Zoning Administrator's Decision: After the expiration of the ten (10) working day notice and comment period, or within ten (10) working days of the close of the public hearing, the zoning administrator shall, by written order, render his decision on the proposed revocation. The written order shall contain a statement of the specific reasons and findings of fact that support his decision.
D. Notification Of Decision: The zoning administrator shall send his decision within five (5) working days to the development approval holder and any other person(s) previously requesting notification.
E. Evidence: The burden of presenting sufficient evidence to the zoning administrator to conclude a development approval should be revoked for any of the reasons set forth in this chapter shall be upon the party proposing the revocation.
F. Result Of Revocation: No person may continue to make use of land or buildings in the manner authorized by any development approval after the approval has been revoked in accordance with the provisions of this chapter.
G. Records: A record of all written notices of the intent to revoke a development approval shall be kept on file in the office of the zoning administrator. At least once a year, the zoning administrator shall make public a listing of his decisions, by address, regarding the written notices of the intent to revoke a development approval. (Ord. Z-8-98, 9-21-1998)
12-4-8: APPEALS:
A decision of the zoning administrator or his authorized representatives may be appealed to the planning and zoning board subject to the regulations of section 12-3-9, "Appeals", of this title. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-29-15, 10-5-2015)
12-4-9: PRIVATE REMEDIES RESERVED:
Nothing in this chapter shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this title from bringing an appropriate action to secure relief. (Ord. Z-8-98, 9-21-1998)