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Effingham City Zoning Code

ARTICLE 34

- ENFORCEMENT, VIOLATION AND PENALTIES5

It shall be the duty of the Building Official to enforce the regulations contained in this Appendix B. Said Building Official shall be appointed by the Mayor with the approval of the council in the same manner as other city employees are appointed and subject to any general provisions affecting such employees.

Pursuant to 65 ILCS 5/1-2-1, any Person violating, disobeying, omitting, neglecting, or refusing to comply with or unlawfully resisting or opposing the enforcement of any of the provisions of this Ordinance shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than Seven Hundred Fifty Dollars ($750,00) or imprisoned for not too exceed one (1) month, or both, for each offense. A separate offense shall be deemed to be committed on each day during or on which a violation occurs or continues. Any such Person may be further ordered to pay restitution to the City of Effingham for any costs incurred by the City of Effingham as a result of the violation of this Appendix B, excluding attorney fees incurred in the prosecution of such violation. Notwithstanding any provision in this Appendix B to the contrary, wherever any statute or public act of the General Assembly shall limit the amount of any fine or penalty, the fine or penalty imposed by this Appendix B shall be the maximum amount permitted by such statute or public act. Every act or omission of whatsoever nature constituting a violation of any provision of this Appendix B, by any officer, director, manager or other agent or employee of any Person, shall be deemed and held to be the act of such Person, and the Person shall be punishable in the same manner as if the act or omission had been done or omitted by him personally.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this Appendix B, the City, in addition to any and all other remedies, may institute any appropriate action or proceedings to seek injunctive and/or declaratory relief to prevent such unlawful erection, maintenance or use to restrain, correct or abate such violation to prevent the occupancy of said building, structure or land or to prevent any illegal act conduct, business or use in or about such premises, and the City may revoke any permit authorized and issued pursuant to this Appendix B.

(Ord. No. 114-2017, § 17, 12-19-2017)

Footnotes:
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Editor's note— Ord. No. 114-2017, § 17, adopted Dec. 19, 2017, repealed the former Art. 34 and enacted a new article as set out herein. The former Art. 34 pertained to similar subject matter.