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La Salle City Zoning Code

ARTICLE VIII

ADMINISTRATION, ENFORCEMENT AND PENALTIES

Sec. 16-181.- Administration.

The provisions of this chapter and any permits, approvals or variances issued hereunder shall be administered according to the provisions thereof.

(Prior zoning regs., § 801; Code 1992, § 16-181; Ord. No. 1-1992, § 1)

Sec. 16-182. - Inspection.

(a)

The board of trustees or its authorized representative is hereby empowered and directed to inspect and examine any development, change of use, modification, use or occupation of any building, structure or land, or the erection, construction, reconstruction, alteration, repair, moving or structural alteration of any building or structure subject to this chapter for the purpose of determining from time to time whether any such use, occupation or activity is in violation of any of the provisions of this chapter or any permit, approval or variance issued or required pursuant to these or other applicable regulations, or is contrary to the health, safety or welfare of the residents of the town.

(b)

Such empowerment and direction to inspect shall not relieve persons, prior to engaging in the aforementioned activities, from obtaining and complying with the requirements of any necessary permits, approvals or variances as prescribed by this chapter.

(Prior zoning regs., § 802; Code 1992, § 16-182; Ord. No. 1-1992, § 1)

Sec. 16-183. - Permits and approval.

(a)

Any person engaging in development, change of use, modification or enlargement of use of any land, building or structure that is subject to this chapter who does not obtain any necessary permits, approvals or variances as prescribed by this chapter, who does not comply with permit, approval or variance requirements, who acts outside the authority of the permit, approval or variance, or who otherwise violates any of the provisions of this chapter, may be enjoined by the town from engaging in such activity and may be subject to the procedures and penalties described in section 16-184.

(b)

No building or structure shall be erected, moved or structurally altered unless a building permit therefor has been issued by the building inspector or his or her authorized representative. All permits shall be issued in conformance with the provisions of this chapter and all other applicable regulations and shall be valid for a period of time not exceeding one year from the date of issue.

(c)

No land or building shall hereafter be changed in use, nor shall any new structure, building or land be occupied or used unless the owner shall have obtained a certificate of occupancy from the building inspector. Provided that the use shall be in conformance with the provisions of this chapter and all other applicable regulations, a certificate of occupancy shall be issued within three days of the time of notification that the building is completed and ready for occupancy. A copy of all certificates of occupancy shall be filed by the building inspector and shall be available for examination by any person with either proprietary or tenancy interest in the property or building.

(d)

Any person seeking to engage in development, to change a use or to modify or enlarge an existing use within the corporate limits of the town shall obtain the approval of the town pursuant to this chapter before engaging in such activity.

(e)

The building inspector is empowered, pursuant to section 16-182, to order in writing the remedy of any violation of any provision of this chapter or cause a summons to be issued in his or her discretion, or both. After any such order has been served, no work on or use of any building, other structure or tract of land covered by such order shall proceed, except to correct such violation or comply with said order.

(Prior zoning regs., § 803; Code 1992, § 16-183; Ord. No. 1-1992, § 1)

Sec. 16-184. - Enforcement and penalties.

(a)

A person shall be guilty of a misdemeanor in any case where all of the following have occurred:

(1)

Any violation of any of the provisions of this chapter exists in any building, other structure or tract of land, or there exists a failure to comply with permit, approval or variance requirements.

(2)

An order to remove any such violation has been served upon the owner, general agent, lessee or tenant of the building, other structure or tract of land (or any part thereof), or upon the architect, builder, contractor or any other person who commits or assists in any such violation.

(3)

Such person shall fail to cease all work on the property except work which is directed toward correcting the violation described in the order.

(4)

Such person shall fail to comply with such order within ten days after the service thereof unless, by reason of the facts stated in such order, immediate compliance is necessary because imminent peril to life, property, health, safety or general welfare of the town or its residents exists.

(b)

Any second or subsequent violations of the provisions of this chapter shall be a misdemeanor and shall be subject to a fine of not less than $50.00 and not more than $300.00, which fine shall be mandatory and shall not be suspended in part or whole, or by imprisonment for not more than 90 days, or by both such fine and imprisonment. Service of an order to remove or remedy such violation, or compliance period, as referred to in subsection (a) of this section is not a requirement before said violation can be found to exist.

(c)

A correction of offensive activity or a violation of this chapter shall be required as part of the enforcement activity against the offender, unless the offender makes application for approval, permit or variance necessary for possible compliance. In addition, the court may order the offender to perform any community services or rehabilitative measure reasonably necessary to ensure compliance.

(d)

In addition to any of the foregoing remedies, the town attorney, acting on behalf of the board of trustees, may maintain an action for an injunction to restrain any violation of this chapter. Any and all attorney fees and/or costs incurred by the town in connection with maintaining such action shall be recoverable, in addition to any other remedy imposed by the court.

(Prior zoning regs., § 803; Code 1992, § 16-184; Ord. No. 1-1992, § 1)