Evanston City Zoning Code
ARTICLE XIV
Enforcement, Violations and Penalties
[Amended by Ord. No. 85-32]
§ 24-109 Zoning and building inspector to administer chapter.
It shall be the responsibility of the zoning and building inspector to administer this chapter.
§ 24-110 Building permits-Generally.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land within the incorporated areas of the City without first obtaining a building permit from the building department or its authorized agent. No such building permit shall be issued unless the plans for the proposed building, structure or use fully comply with this chapter. The building department or its authorized agent shall act upon any application filed on forms provided by the City planning and zoning commission. A building permit shall be granted in all cases where the proposed construction or use complies with the requirements of this chapter and other City ordinances; and if the building permit is denied, the application shall be returned to the applicant specifying the reasons for denial. The building department shall charge and collect a filing fee for each such building permit as determined by resolution of the City council.
§ 24-111 Same-Display.
Building permits must be prominently displayed, so as to be plainly visible from the street, for the duration of the construction.
§ 24-112 Same-Validity.
The building permit shall be valid so long as the use of the building, structure or land remains the same as at the time of issuance. If construction or use has not commenced within one year, or for time periods set by provisions of variances or conditional use permits, the building permit shall become null and void.
§ 24-113 Law enforcement agency duties.
It shall be the duty of the zoning and building inspectors to enforce this chapter and all provisions of the same.
§ 24-114 Violations and penalties.
No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or use any land in violation of this chapter or amendments thereto. Any person who violates this chapter may be punished by a fine of not more than seven hundred fifty dollars for each offense. Each day of continuation of such violation shall be deemed to be a separate offense.
§ 24-115 Enforcement of chapter by legal action; citations.
A.
In case any building or structure is or is proposed to be erected, constructed, reconstructed, changed, maintained or used, or any land is proposed to be used, in violation of any provision of this chapter or any amendment thereto, the City or any owner of real estate within the zoning districts, in addition to other remedies provided by law, may institute injunction, mandamus or abatement to enjoin, prevent, abate or remove such unlawful erection. Appeals from the judgments rendered in any action instituted to enforce this chapter shall be permitted and shall be in accordance with the general appeal provisions of applicable law.
B.
Whenever any person violates the sections of this chapter, any zoning or building inspector may issue a written citation for the violation which shall contain a notice to appear in court:
(1)
The time specified in the notice to appear must be at least five days after the alleged violation.
(2)
The notice to appear shall state the place to appear and the name of the court and judge at said place to appear before.
(3)
The person charged with the violation may give his written promise to appear in court by signing at least one copy of the written citation prepared by a building or zoning inspector.
(4)
It shall be unlawful for any person to violate his written promise to appear given to a zoning or building inspector upon issuance of a citation under this section regardless of the disposition of the charge for which such citation was originally issued; provided, however, that a written promise to appear in court may be complied with by an appearance by counsel.
(5)
The foregoing provisions of this section shall not be exclusive of any other method prescribed by law for the prosecution of a person for the violation hereof.