A.   Building Erection or Alteration:

      1.   Permit Required: No building or structure shall hereafter be erected or structurally altered, where the cost of the change exceeds the value given in the Building Title ($100.00 as of 10-18-65), until a building permit shall be issued by the Building Commissioner stating that the building or structure, and use of land comply with the regulations of this Title and all building and health laws and ordinances 1 .

      2.   Plat to Accompany Application: All applications for building permits shall be accompanied by a plat in duplicate, drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the Building Commissioner.

      3.   Sewage Disposal Required: No building shall be constructed, and no permit shall be issued for any building, on any premises not served by a sewer unless the area of the lot on which such building is to be erected complies with the ordinances relative to septic tanks as to size and condition of soil 2 .

   B.   Excavation or Fill: No fill shall be placed upon or removed from any land within the Village until a permit issued. To obtain a permit an application must be filed with the Building Commissioner and shall be accompanied by four (4) certified copies of a topographical survey of the lot or parcel of land in one foot (1') increments and showing thereon, natural water bodies, drainage ditches and natural and man-made water flow. The application must also be accompanied by a topographical map showing the grade in one foot (1') increments after the fill is placed and compacted. This map shall show that natural and man-made drainage has not been changed or impeded and that water runoff from the parcel will not be more after filling than before the fill was placed. No permit shall be issued unless the above requirements are met. All applications for a building permit, which require filling or excavation where the excavated material will not be removed from the lot, must be accompanied by the surveys described herein.

   C.   Bond, Letter of Credit Required: All applications for a building permit for a principal building or a permit to place fill upon or remove fill from a lot, shall be accompanied by a cash bond or an approved letter of credit in the amount of two thousand dollars ($2,000.00) to be deposited with the Village Treasurer, to indemnify the Village against damage to roads, ditches, culverts, etc. The Village reserves the right to use all or part of the required deposit as may be necessary to return the said roads, ditches, culverts, etc. to their original condition, if damaged by the applicant. Any unused portion shall be refunded to applicant 3 . (Ord. 81-01, 1-21-81)

No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the Building Commissioner. The certificate of compliance shall be issued only after the Building Commissioner makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this Title and other health and building laws and in accordance with building permit.

Certificate of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building shall have been satisfactorily completed. A record of all certificates shall be kept on file in the office of the Building Commissioner and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected.

No change shall be made in the use of building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the Building Commissioner. No such use permit shall be issued to make such change unless it is in conformity with the provisions of this Title or amendments thereto hereafter duly enacted.

Nothing in this Title shall prevent the continuance of the present occupancy or lawful use of any existing building, except as may be necessary for the safety of life and property, and except as provided in subsection 8-3-7F of this Title. (Ord. 60-08, 4-27-60)

   A.   Scope of Appeals: An appeal may be taken from the office charged with the enforcement of this Title by any person aggrieved or by any officer, department, board or bureau of the Village. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals 1 by general rule, by filing with the officer from whom the appeal is taken and with the Board of Appeals, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record which the action appealed from was taken.

   B.   Stay of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay, would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Appeals or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown.

   C.   Hearing: The Board of Appeals shall fix a reasonable time for the hearing of the appeal and file due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person, or by agent, or by attorney. The Board of Appeals may reverse or affirm wholly or partly or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have the power of the officer from whom the appeal is taken.

   D.   Petition for Review of Board's Decision: Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the Village may present to a court of record a petition duly verified setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision of the Board of Appeals in the office of the Board. If, upon the presentation of such petition, the court shall allow a writ of certiorari directed to the Board of Appeals to review such decision of the Board of Appeals, the allowance of such writ shall not stay the proceedings upon the decision of the Board appealed from, but the court may, on application, on notice to the Board, and on due cause shown, grant a restraining order. The Board of Appeals shall not be required to return, in response to such writ of the court, the original papers acted upon by the Board, but it shall be sufficient to return certified or sworn copies thereof or such portion thereof as may be called for such writ. The return of the Board required by such writ must concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from, and such return must be verified.

   A.   Authority: The regulations imposed and the districts created by this Title may be amended from time to time by ordinance, but no such amendment shall be made without a hearing before the Plan Commission 1 which shall report its findings and recommendations to the Village Board.

   B.   Initiation Of Amendments: The Plan Commission may on its own motion, or upon a petition signed by one or more owners of property in the Village, or upon instructions from the Board of Trustees, cause to be prepared a notice indicating the changes proposed to be made in the regulations or in the district boundary lines describing the boundaries of the territory to be affected. Such notice shall state the time and place of the public hearing for the consideration of such proposed amendment, and shall state where a copy of the proposed amending ordinance will be accessible for examination by interested parties. (Ord. 76-02, 6-23-1976)

   C.   Notice Of Hearing: There shall be notice of the time and place of hearing published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in a newspaper published in the Village, or if no newspaper is published therein, then in a newspaper with a general circulation within the Village. This notice shall contain the particular location for which the amendment is requested as well as a brief statement of what the proposed amendment consists.

      1.   In the case of a proposed special use permit, in addition to said published notice, the applicant for special use permit shall cause a copy of the published notice to be sent by certified mail, return receipt requested, at least five (5) days before the hearing, to the owners of record of every lot or parcel which lies within five hundred feet (500') of the boundaries of the lot or parcel upon which the special use is proposed.

      2.   In the case of a proposed amendment to the zoning district designation of one or more parcels, the applicant for amendment shall cause a copy of the published notice to be sent by certified mail, return receipt requested, at least five (5) days before the hearing, to the owners of record of every lot or parcel which lies within the area proposed to be rezoned or within five hundred feet (500') of the boundaries of the lot(s) or parcel(s) upon which the amendment is proposed.

      3.   Before a hearing commences, the applicant shall submit proof to the Plan Commission of mailing of notices herein required. (Ord. 95-09, 2-22-1995)

      4.   For the purposes of this Section, notices required to be mailed to owners of record shall be mailed to the person in whose name the last taxes were billed upon the property to be notified as that name and address appears upon the records of the County Tax Collector. (Ord. 96-06, 3-27-1996)

   D.   Objections: If a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all the Village Trustees. (Ord. 76-02, 6-23-1976)

   A.   Review To Determine Compliance With Zoning Regulations: Applicant shall pay for all costs of review by the Municipality incurred in connection with the determination of compliance by the applicant with the requirements of this Title. An initial estimate of the costs to be incurred by the Municipality shall be made at the time a petition or application is filed and such sum shall be deposited by the applicant with the Village Treasurer before any further work is done by the Village. Said initial estimate shall be based upon the following schedule:

 

 

Any unused funds shall be refunded to applicant. In the event the sums deposited are insufficient to cover the costs of the Village, applicant shall pay the additional costs immediately upon presentation of the bill therefor. (Ord. 76-02, 6-23-1976)

   B.   Petitions: Petition fees under this title shall be as follows:

 

Publication costs over twenty dollars ($20.00) will be paid by petitioner in addition to fee.

The aforesaid fees shall be paid at the time of the filing of the petition with the clerk of the village and prior to hearing thereon. (Ord. 73-09, 9-10-1973)

   A.   Authority Of Village: In case any building or structure is constructed, reconstructed, altered, repaired, converted or maintained or any building, any structure or any land is used in violation of this title or of any ordinance or regulation made under authority conferred by state law, as amended, the village, in addition to other remedies, may institute any appropriate action or proceeding:

      1.   To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;

      2.   To prevent the occupancy of the building, structure or land;

      3.   To prevent any illegal act, conduct, business or use in or about the premises; or

      4.   To restrain, correct or abate the violation.

   B.   Revocation Of Special Use Permit Or Variation: In any case where a special use permit or variation has been revoked by the enforcing officer or by action of the corporate authority the following procedures shall apply:

      1.   Appeals: Any person receiving an order to revoke a permit or ordinance issued pursuant to action governed under the zoning ordinance adopted under this chapter, may take an appeal to the village president. Such appeal shall be taken within fifteen (15) days after the revocation of said permit or ordinance, by filing written notice of appeal with the village administrator, on forms provided by the village clerk or, if no form is provided, by a writing from the appellant stating that the revocation is being appealed. The notice of appeal shall contain the name, mailing address and contact information of the appellant. The village administrator, or her designee shall then transmit to the village president all of the papers constituting the record upon which the action appealed was taken.

      2.   Hearing Officer: The village president shall serve, or appoint a person in his stead, as the hearing officer to adjudicate all such appeal hearings.

      3.   Notice Of Hearing: Reasonable notice of the date, time and place of such hearing shall be mailed to the appellant at the hearing at the address stated on the notice of appeal. Such notice shall be sent by certified mail, or by personal delivery to the address of the applicant contained on the notice of appeal and shall contain:

         a.   The time, place, and nature of the hearing.

         b.   A statement of the legal authority and jurisdiction under which the hearing is to be held.

         c.   A reference to the particular sections of the ordinances or statute(s) involved.

         d.   A statement informing the applicant of his or her ability to respond by presenting evidence and argument.

      4.   Conduct Of Hearings:

         a.   A hearing held under this chapter shall be held in accordance with the following rules:

            (1)   A hearing shall be held at a reasonable time, date and place.

            (2)   No cause shall be heard earlier than three (3) days after receipt by an applicant of the notice required under this chapter.

            (3)   An applicant may present evidence and argument.

            (4)   The hearing officer may limit, but not prohibit, the presentation of relevant evidence and agreement. Evidence not subject to the strict rules of evidence and privilege as applied in civil cases in the circuit courts of this state and may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.

            (5)   The hearing officer may take administrative notice of any prior disciplinary action against an applicant. The parties shall be notified either before or during the hearing of disciplinary action noticed, and shall be afforded an opportunity to contest the material so noticed.

         b.   Where an appellant was provided the requisite notice under this chapter and fails to appear at a hearing, the hearing officer may act ex parte. Additionally, the hearing officer may also schedule an informal hearing with the appellant where the permit or ordinance determination will not be affirmatively acted upon at such informal hearing.

   C.   Decisions Of The Hearing Officer: All decisions by the hearing officer shall be the final administrative decision of the village. Any decision, order or determination rendered by the hearing officer which affects the rights, duties or privileges of an applicant, shall be in writing and shall notify the applicant personally or by certified mail of the decision. Any such decision, order or determination may include assessment of all costs, fees and expenses as determined by the hearing officer.

   D.   Waiver: Compliance with any or all of the provisions of this chapter concerning procedure may be waived by written stipulation of all parties.

   E.   Requests For Continuance Of Hearing:

      1.   A request for a continuance of any hearing in any matter before the hearing officer will not be allowed unless for good and valid cause shown in writing and unless delivered to the hearing officer at least three (3) days prior to the date set for hearing.

      2.   The hearing officer may, in his or her discretion, grant a continuance if extenuating or unusual circumstances are presented in support of the request for continuance.

      3.   Any continuances requested by the appellant shall be contingent upon payment by the appellant of all applicable costs, fees, and expenses as reasonably determined by the hearing officer.

      4.   As a condition to the granting of the continuance, the hearing officer may require the cessation of any land use in violation of the special use permit at issue.

   F.   Revocation Of Permit Or Ordinance: A decision of the hearing officer to uphold the revocation of a permit or ordinance shall result in the immediate termination of such permit or ordinance and the entitlements granted thereunder.

   G.   Remanding Permit Or Ordinance: A decision of the hearing officer to overturn an order revoking a permit or ordinance shall be remanded to the village board of trustees for consideration of an amendment to the permit or ordinance to reflect the decision of the hearing officer at the next regularly scheduled meeting of the village board of trustees and after proper due notice under the law.

   H.   Filing A Notice Of Appeal: The filing of a notice of appeal does not stop, suspend or toll the violation or violations of the special use permit or ordinance at issue and the village may continue to pursue any and all legal and equitable remedies available to the village under the circumstances of the violation.

   I.   Enforcing Officer: The building commissioner or the village administrator shall be the enforcing officer of this title and shall have the power and shall exercise the function prescribed by the state law and by the terms of all ordinances now in force or hereafter passed. (Ord. 2015-O-06, 3-4-2015)

It shall be unlawful for any person to violate, disobey, omit, neglect or refuse to comply with or to resist the enforcement of any of the provisions of this title or to use or occupy any building, structure or premises in violation of said provisions and, upon conviction, said person shall be fined not less than twenty five dollars ($25.00) nor more than two hundred dollars ($200.00) for each offense. A separate offense shall be deemed committed for each day during which a violation occurs or continues. (Ord. 60-08, 4-27-1960)