The Planning, Building and Development Director shall be responsible for enforcing this chapter, unless otherwise specifically stated.

(Ord., § 13.1, passed 10-13-2009)

   Unless otherwise expressly allowed by this chapter or state law, any violation of this chapter, including but not limited to the following, shall be subject to the remedies and penalties provided for in this chapter:

   (A)   To use land or buildings in any way not consistent with the requirements of this chapter;

   (B)   To erect a building or other structure in any way not consistent with the requirements of this chapter;

   (C)   To engage in the development or subdivision of land in any way not consistent with the requirements of §§ 151.185 through 151.204;

   (D)   To transfer title to any lots or parts of a development unless the land development plan or subdivision has received all approvals required under §§ 151.185 through 151.204 and an approved plan or plat, if required, has been filed in the appropriate county office;

   (E)   To submit for recording with a county office any subdivision plat, land division, or other land development plan that has not been approved in accordance with the requirements of §§ 151.185 through 151.204 or that does not qualify for an exemption under the Plat Act;

   (F)   To install or use a sign in any way not consistent with the requirements of § 151.173;

   (G)   To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land or any other activity requiring one or more permits or approvals under this chapter without obtaining all the required permits or approvals;

   (H)   To engage in the use of a building or land, the use or installation of a sign, the subdivision or development of land or any other activity requiring one or more permits under this chapter in any way inconsistent with any permit or approval or any conditions imposed thereon;

   (I)   To violate the terms of any permit or approval granted under this chapter or any condition imposed on the permit or approval;

   (J)    To obscure, obstruct, or destroy any notice required to be posted or otherwise given under this chapter;

   (K)   To violate any lawful order issued by any person or entity under this chapter; or

   (L)   To continue any violation as defined above, with each week of continued violation to be considered a separate violation for purposes of computing cumulative civil or criminal penalties.

(Ord., § 13.2, passed 10-13-2009)

   Each week that a violation remains uncorrected after receiving notice of the violation from the county shall constitute a separate violation of this chapter.

(Ord., § 13.3, passed 10-13-2009)

   The county shall have the following remedies and enforcement powers:

   (A)   Withhold permit.

      (1)   The Planning, Building and Development Director may deny or withhold all permits, certificates, or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this chapter or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the county. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.

      (2)   The Planning, Building and Development Director may deny or withhold all permits, certificates, or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the county. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation.

      (3)   The Planning, Building and Development Director may deny or withhold temporary use permits on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused a violation of a previous temporary use permit. This provision shall apply regardless of whether the property for which the temporary use permit sought is for the property on which the previous violation occurred.

   (B)   Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the Planning, Building and Development Director may grant the authorization subject to the condition that the violation be corrected.

   (C)   Revoke permits. Any development permit or other form of authorization required under this chapter may be revoked by the Planning, Building and Development Director when the Planning, Building and Development Director determines: that there is departure from the plans, specifications, or conditions as required under terms of the permit; that the development permit was procured by false representation or was issued by mistake; or that any of the provisions of this chapter are being violated. Written notice of the revocation shall be served upon the owner, the owner’s agent or contractor, or upon any person employed on the building or structure for which the permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.

   (D)   Stop work. With or without revoking permits, the Planning, Building and 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 chapter or of a permit or other form of authorization issued hereunder.

 

 

   (E)   Revoke plan or other approval. Where a violation of this chapter involves a failure to comply with approved plans or conditions to which the approval of the plans was made subject, the Planning, Building and Development Director may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected), revoke the plan or other approval or condition its continuance on strict compliance with this chapter, the provision of security to ensure that construction is completed in compliance with approved plans, or any other conditions as the Planning, Building and Development Director may reasonably impose.

   (F)   Revoke preliminary plat approval. Revocation of preliminary plat approval may be made by the Planning, Building and Zoning Committee at any time if it finds that errors or omissions were made on any of the submitted documents which may significantly affect the design or engineering of the subdivision or the owner’s legal right to divide the property.

   (G)   Injunctive relief. The county may seek an injunction or other equitable relief in court to stop any violation of this chapter or of a permit, certificate, or other form of authorization granted hereunder.

   (H)   The county may enforce violations of this ordinance in accordance with the Lake County Administrative Adjudication Ordinance (§§ 94.50 through 94.66).

   (I)   Forfeiture and confiscation of signs. Any sign installed or placed on public property, except in compliance with the regulations of § 151.173 shall be forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this section, the county shall have the right to recover, from the sign owner or person who placed the sign, the full costs of sign removal and disposal.

   (J)   Abatement. The county 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.

   (K)   Penalties. The county may seek any other penalties as are provided by the Lake County Administrative Adjudication Ordinance (§§ 94.50 through 94.66) and Illinois law.

   (L)   Other remedies and powers. The county shall have any other remedies and enforcement powers as are and as may be from time to time provided by state law for the violation of zoning, subdivision, sign, or related provisions.

(Ord., § 13.4, passed 10-13-2009; Ord. passed - -)

   Nothing in this chapter shall prohibit the continuation of previous enforcement actions, undertaken by the county pursuant to previous and valid ordinances and laws.

(Ord., § 13.5, passed 10-13-2009)

   The remedies and enforcement powers established in this chapter shall be cumulative, and the county may exercise them in any order.

(Ord., § 13.6, passed 10-13-2009)

   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 the violations may each be found guilty of a separate offense and be subject to the above penalties.

(Ord., § 13.7, passed 10-13-2009)

   (A)   Non-emergency matters.

      (1)   In the case of violations of this chapter that do not constitute an emergency or require immediate attention, the Planning, Building and Development Director shall 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 hereafter stated, after which the persons receiving notice shall have ten days to correct the violation before further enforcement action shall be taken.

      (2)   Notice shall be given in person, by U.S. mail, or by posting notice on the premises. Notices of violation shall 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.

   (B)   Emergency matters. In the case of violations of this chapter that constitute an emergency situation as a result of safety or public concerns, or violations that will create increased problems or costs if not remedied immediately, the county may use the enforcement powers available under this chapter without prior notice, but the Planning, Building and Development Director shall 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.

   (C)   Appeals. Enforcement actions taken by the Planning, Building and Development Director may be appealed by the affected party to the Zoning Board of Appeals in accordance with § 151.058. In the case of a violation of §§ 151.185 through 151.204 or §§ 151.220 through 151.221, appeals of enforcement actions shall be processed in accordance with § 151.192(D).

(Ord., § 13.8, passed 10-13-2009)

      (1)   Should an accessory wind energy facility, or should any part of the facility, violate the Operating Requirements of this section, or become inoperable, the owner shall cease operations immediately.

      (2)   Upon receipt of a complaint or the notice of a complaint from the owner, the Director of Planning, Building and Development shall make a determination as to whether there is a violation of the permit or Operating Requirements requiring immediate cessation of operation.

      (3)   Once violations have been remedied, as determined by the Director of Planning, Building and Development, the facility may resume operations.

      (1)   The owner must remedy any condition in which the accessory wind energy facility has become inoperable, or otherwise violated the operating requirements defined under § 151.113(P) for accessory wind energy facilities within 180 days of the issue date on written notice from Lake County or be considered to be in default and the facility considered to be abandoned.

      (2)   The Planning, Building and Development Director may authorize an extension based on extenuating circumstances. All requests for extension must be made in writing, prior to the expiration of the 180-day remedy period, and provide the basis for the request and the amount of additional time requested.

(Ord. 23-0675, passed 5-9-2023)

         (a)   Prior to permit issuance, the operator shall prepare a decommissioning plan which shows the final site conditions after an accessory medium/large scale ground-mounted solar energy system has been removed from the property. Decommissioning shall include the removal of all elements listed in § 121.259(A)(2)(a) below. Access roads, fencing, groundcover, and landscaping may remain only if it can be shown to be compatible with the future use of the property.

         (b)   Prior to permit issuance, the operator shall submit an engineer's estimate of probable cost for decommissioning the accessory medium/large scale ground-mounted solar energy system and restoring the site in accordance with the approved decommissioning plan. Upon review and approval of the estimate by the Planning Director, the operator shall obtain a bond, letter of credit, or other form of surety that meets the requirements of § 151.203(A) in the amount of 130% of the engineer’s estimate.

         (b)   Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, an accessory use medium/large scale ground-mounted solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the county. If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the county may seek a court order to require the property owner to remove an abandoned, hazardous, or decommissioned ground-mounted solar energy system. The county also retains the right, after the receipt of an appropriate court order, to enter and remove the ground-mounted solar energy system and lien the property for such costs. As a condition of site plan and/or special/conditional use permit approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.

(Ord. 19-1378, passed 9-10-2019; Ord. 23-0675, passed 5-9-2023)

   The provisions in this section are in addition to the general violation, penalties, and enforcement provisions of this subchapter. Lake County shall retain authority to enforce the height and setbacks for solar energy systems in § 151.112(XX) and additional requirements and standards for solar energy systems as identified in Appendix T.

 

 

      (1)   Any ground-mounted solar energy system which has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the county by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

         (a)   Physical removal of all solar energy systems, structures, equipment, security barriers and electrical wiring lines from the site; and

         (b)   Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and

         (c)   Stabilization or re-vegetation of the site as necessary to minimize erosion. The county may allow the owner or operator to leave landscaping in order to minimize erosion and disruption to vegetation.

      (2)   Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, a commercial ground-mounted solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the county. If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the county may seek a court order to require the property owner to remove an abandoned, hazardous, or decommissioned ground-mounted solar energy system. The county also retains the right, after the receipt of an appropriate court order, to enter and remove the ground-mounted solar energy system and lien the property for such costs. As a condition of site plan and/or special/conditional use permit approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.

(Ord. 23-0675, passed 5-9-2023; Ord. 24-0207, passed 3-12-2024)

      (1)   Should a commercial wind energy facility, or any part of the facility, violate the operating requirements of this section, or become inoperable, the owner shall cease operations immediately.

      (2)   Upon receipt of a complaint or the notice of a complaint from the owner, the Director of Planning, Building and Development shall make a determination as to whether there is a violation of the permit or operating requirements requiring immediate cessation of operation.

      (3)   Once violations have been remedied, as determined by the Director of Planning, Building and Development, the facility may resume operations.

      (1)   The owner must remedy any condition in which the commercial wind energy facility has become inoperable, or otherwise violated the operating requirements defined under § 151.112(DDD) for commercial wind energy facilities within 180 days of the issue date on written notice from Lake County or be considered to be in default and the facility considered to be abandoned.

      (2)   The Planning, Building and Development Director may authorize an extension based on extenuating circumstances. All requests for extension must be made in writing, prior to the expiration of the 180-day remedy period and provide the basis for the request and the amount of additional time requested.

 

 

(Ord. 23-0675, passed 5-9-2023; Ord. 24-0207, passed 3-12-2024)

      (1)   Final stabilization shall consist of stabilization or re-vegetation of the site as necessary to minimize erosion. A layer of soil capable of supporting vegetation (to a depth sufficient to provide permanent stabilization, as determined by staff) shall be spread over the premises and shall be seeded with grass or other groundcover or by using an appropriate measure as approved by the Planning, Building and Development Director. Final stabilization shall also include the removal of all access equipment, roads, fencing and other onsite equipment and related temporary materials.

      (2)   Prior to site development permit issuance, a final stabilization plan shall be submitted which shows the final site conditions after fill/grade operation has been completed.

      (3)   Prior to site development permit issuance, an engineer's opinion of probable construction cost (EOPCC) shall be submitted for final stabilization of the fill/grade operation and finalizing the site in accordance with the approved final stabilization plan. The exact amount of the EOPCC and a termination date for the completion of operations and the finalization of the site shall be established as part of the permit review process and imposed at the time of permit approval, based upon the estimated costs of finalizing the site and the estimated length of time the operation will be conducted. Upon review and approval of the EOPCC by the Planning, Building, and Development Director, the operator shall obtain a bond, letter of credit, or other form of surety that meets the requirements of § 151.203(A) in the amount of 130% of the EOPCC.

 

 

      (1)   Any fill/grade operation which has reached the limits of fill or has otherwise discontinued operations shall be stabilized as provided for in the final stabilization plan. The owner or operator shall physically stabilize the site no more than 150 days after the date of discontinued operations. The owner or operator shall notify the county by certified mail of the proposed date of discontinued operations and plans for stabilization.

      (2)   A fill/grade operation shall be considered discontinued when it fails to operate for more than 150 days. This timeframe can be extended with written consent of the county upon notice of a proposed date of final stabilization or written notice of extenuating circumstances.

      (3)   If the owner or operator of the fill/grade operation fails to execute the stabilization plan in accordance with the requirements of this section within 150 days of discontinued operations or the proposed date of final stabilization, the county may seek a court order to require the property owner to stabilize the site and/or remove all remaining equipment and structures associated with the active operation. The county also retains the right, after the receipt of an appropriate court order, to enter and stabilize the site. The county will draw on the performance assurance and/or lien the property for all stabilization costs it incurs.

      (1)   Upon receipt of a complaint, the Director of Planning, Building and Development shall make a determination as to whether there is a violation of the permit or Operating Requirements requiring immediate cessation of operation.

      (2)   Once violations have been remedied, as determined by the Director of Planning, Building and Development, the facility may resume operations.

(Ord. 24-0207, passed 3-12-2024)