(a) Community Development Director

(1) General Powers and Duties. The Community Development Director has primary responsibility for administration of this zoning ordinance, including the following general powers and duties:

a. conducting periodic inspections of structures and uses of land to determine compliance with this zoning ordinance; b. notifying in writing all persons responsible for violating this zoning ordinance; c. taking appropriate actions to ensure compliance with this zoning ordinance and remedying violations of its provisions, including:

1. ordering discontinuance of any illegal use of land or structures; 2. ordering removal of illegal structures and additions or alterations thereto; and, 3. ordering discontinuation of work being done in violation of zoning ordinance provisions.

d. maintaining permanent and current records of this zoning ordinance, including all zoning maps, amendments, planned unit developments, zoning exceptions, special uses, variations and administrative adjustments; e. maintaining records of permits, certificates, registers of pollutants, and copies of notices of violation and orders of discontinuances or removal for such time as necessary to ensure continuous compliance with zoning ordinance provisions; f. receiving and processing all applications for permits and development approvals under this zoning ordinance; g. providing technical assistance and support to the Village Council, staff, boards and commissions; and, h. exercising other powers and performing other duties as specified or necessarily implied by the provisions of this zoning ordinance.

(2) Promulgation of Administrative Rules. The Community Development Director is authorized to establish written rules and regulations implementing the provisions of this zoning ordinance, including rules related to the content and processing of any application and the interpretation and administration of this zoning ordinance.

(b) Planning and Zoning Commission. The Planning and Zoning Commission has those powers and duties expressly identified in this zoning ordinance. Additional information regarding the Planning and Zoning Commission’s composition and their powers and duties are described in Chapter 2 of this Code.

1. Responsibility for Enforcement. The Community Development Director has primary responsibility for enforcing this zoning ordinance.
2. Violations. Unless otherwise expressly allowed by this zoning ordinance or State law, any violation of a provision of this zoning ordinance, including but not limited to all of the following, may be subject to the remedies and penalties provided for in this zoning ordinance.
   1. to use land or buildings in any way not consistent with the requirements of this zoning ordinance;
   2. to erect a building or other structure in any way not consistent with the requirements of this zoning ordinance;
   3. to install or use a sign in any way not consistent with the requirements of this zoning ordinance;
   4. to engage in the use of a building, structure or land, the use or installation of a sign, or any other activity requiring one (1) or more permits or approvals under this zoning ordinance without obtaining such required permits or approvals;
   5. to engage in the use of a building or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this zoning ordinance in any way inconsistent with any such permit or approval or any conditions imposed on the permit or approval;
   6. to violate the terms of any permit or approval granted under this zoning ordinance or any condition imposed on the permit or approval;
   7. to obscure, obstruct or destroy any notice required to be posted or otherwise given under this zoning ordinance;
   8. to violate any lawful order issued by any person or entity under this zoning ordinance; or
   9. to continue any violation after receipt of notice of a violation.
3. Continuing Violations. Each day that a violation remains uncorrected after receiving notice of the violation from the Village constitutes a separate violation of this zoning ordinance.
4. Remedies and Enforcement Powers. The Village has all remedies and enforcement powers allowed by law, including the following:
   1. Fines. Fines may be levied in accordance with Chapter 1 of this Code.
   2. Liens. The Village may file liens against a property for failure to pay levied fines or fees and to cover any expenses incurred by the Village for remedying violations of this ordinance.
   3. Withhold Permit
      1. The Community Development Director may deny or withhold permits, certificates or other forms of authorization on any land or structure or improvements upon which there is an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the Village. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.
      2. The Community Development Director may deny or withhold permits, certificates or other forms of authorization on any land or structure or improvements owned by or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the Village. This enforcement provision may be used regardless of whether the property for which the permit or other approval is sought is the property in violation.
      3. Instead of withholding or denying a permit or other authorization, the Community Development Director may grant such authorization subject to the condition that the violation be corrected.
   4. Revoke Permits
      1. Any permit, certificate or other form of authorization required under this zoning ordinance may be revoked by the Community Development Director when the Community Development Director determines:
         1. that there is departure from the plans, specifications, or conditions as required under terms of the permit;
         2. that the development permit was procured by false representation or was issued by mistake; or
         3. that any of the provisions of this zoning ordinance are being violated.
      2. Written notice of revocation must be served upon the owner, the owner’s agent or contractor, or upon any person employed on the building or structure for which such permit was issued. If no persons can reasonably be served with notice, the notice must be posted in a prominent location.
   5. Stop-Work. With or without revoking permits, the Community Development Director may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this zoning ordinance or of a permit or other form of authorization issued under the zoning ordinance.
   6. Revoke Plan or Other Approval. Where a violation of this zoning ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made, the Community Development Director may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected):
      1. revoke the plan or other approval; or
      2. condition its continuance on strict compliance with this zoning ordinance or the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the Community Development Director may reasonably impose.
   7. Injunctive Relief. The Village may seek an injunction or other equitable relief in court to stop any violation of this zoning ordinance or of a permit, certificate or other form of authorization granted under the zoning ordinance.
   8. Forfeiture and Confiscation of Signs on Public Property. Any sign installed or placed on public property, except in compliance with the regulations of this zoning ordinance will be forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this Section, the Village has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.
   9. Abatement. The Village may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
   10. Other Penalties, Remedies and Powers. The Village may seek such other penalties as are provided by Illinois law.
   11. Continuation of Previous Enforcement Actions. Nothing in this zoning ordinance prohibits the continuation of previous enforcement actions, undertaken by the Village pursuant to previous valid ordinances and laws.
5. Cumulative Remedies. The remedies and enforcement powers established in this zoning ordinance are cumulative, and the Village may exercise them in any combination or order.
6. Persons Subject to Penalties. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions.
7. Enforcement Procedures
   1. Non-Emergency Matters. In the case of violations of this zoning ordinance that do not constitute an emergency or require immediate attention, the Community Development Director must give notice of the nature of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner stated in this Section, after which the persons receiving notice have ten (10) days to correct the violation before further enforcement action may be taken. Notice must be given in person, by US Mail, or by posting notice on the premises. Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
   2. Emergency Matters. In the case of violations of this zoning ordinance that constitute an emergency situation as a result of public health or safety concerns or violations that will create increased problems or costs if not remedied immediately, the Village may use the enforcement powers available under this zoning ordinance without prior notice, but the Community Development Director must attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit.
8. Appeals. Enforcement actions taken by the Community Development Director may be appealed by the affected party in accordance with DGMC Section 28.12.100.

(Ord. No. 5463, § 5, 6/2/15)