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Leland City Zoning Code

CHAPTER 13

ADMINISTRATION AND ENFORCEMENT

11-13-1: ZONING ADMINISTRATOR:

   A.   Office Created; Appointment: The office of zoning administrator of the village is hereby established. The zoning administrator will be appointed by the village council and will work with the village council in carrying out his/her duties.
   B.   Duties: The zoning administrator is hereby authorized and directed to administer and enforce the provisions of this title. This broad responsibility encompasses, but is not limited to, the following specific duties:
      1.   To review and pass upon applications for building permits and certificates of occupancy.
      2.   To inspect land, structures and uses to determine compliance with this title and, where there are violations, to initiate appropriate corrective action. (Ord. 92-09, 4-14-1992)
      3.   To review and forward to the zoning board of appeals all applications for variances, appeals, conditional use permits, temporary use permits and amendments.
      4.   To maintain up to date records of this title including, but not limited to, building permits and certificates of occupancy, conditional use permits, temporary use permits, variances, interpretative decisions of the board of appeals, amendments and all applications related to any of these matters. (Ord. 92-09, 4-14-1992; amd. 2003 Code)
      5.   To publish no later than March 31 of each year, a map clearly showing the existing zoning uses, divisions, restrictions, regulations and classifications for the preceding calendar year. If, in any calendar year after the first map is published, there are no changes in zoning uses, divisions, restrictions, regulations, and classifications, no map shall be published for such calendar year 1 .
      6.   To publish within thirty (30) days after passage any amendment to this title.
      7.   To perform other duties as the village council may from time to time prescribe. (Ord. 92-09, 4-14-1992)

11-13-2: ZONING BOARD OF APPEALS:

(Rep. by Ord. 01-24, 5-7-2024)

11-13-3: ZONING COMPLIANCE PERMIT1:

   A.   Permit Required: No building or structure shall be erected, reconstructed, altered, enlarged, or moved 2 until a zoning compliance permit shall have been applied for in writing and issued by the zoning administrator.
   B.   Application For Permit: Every application for a zoning compliance permit submitted to the zoning administrator shall be accompanied by a site plan, drawn to scale and showing the lot and the building site and the location of existing buildings on the lot, vehicular and pedestrian ingress and egress, accurate dimensions of the lot, yards and building or buildings, together with such other information as may be necessary to the enforcement of this title.
   C.   Plan To Comply With Provisions: Before a zoning compliance permit is issued for the erection, reconstruction, alteration, enlargement or moving of any building or structure, the plans and intended use shall indicate conformity in all respects to the provisions of this title.
   D.   Expiration Of Permit: Any zoning compliance permit issued hereunder is valid for one year from the date of issuance. If the building or structure is not completed within that one year period, the zoning compliance permit expires and application for a new zoning compliance permit must be made.
   E.   Permit To Be Posted: The permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, alteration, enlargement or moving.
   F.   Minimum Requirements: In interpreting and applying the provisions of this title, such provisions shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience and the general welfare of the public. (Ord. 21-04, 10-5-2004)

11-13-4: ZONING CERTIFICATE OF OCCUPANCY:

   A.   Certificate Required: A zoning certificate of occupancy to be issued by the zoning administrator shall be required for any of the following, except buildings incidental to agricultural operations other than residences, and no such occupancy, use or change of use shall take place until a zoning certificate of occupancy therefor shall be issued:
      1.   Occupancy and use of a building hereafter erected, reconstructed, altered, enlarged or moved.
      2.   Change in use of an existing building.
      3.   Occupancy and use of vacant land except for the raising of crops.
      4.   Change in the use of land to a use of different classification except for the raising of crops.
      5.   Any change in the use of a nonconforming use.
   B.   Occupancy Of Buildings:
      1.   Application For Certificate: Written application for a zoning certificate of occupancy for a new building or for an existing building which has been reconstructed, altered, enlarged or moved shall be made at the same time as the application for the zoning compliance permit for such buildings.
      2.   Time Limit For Action: The zoning certificate of occupancy shall be acted upon within three (3) business days after a written request for the same has been made to the zoning administrator after the erection, reconstruction, alteration, enlargement or movement of such building or part thereof has been completed in conformance with the provisions of this title.
      3.   Temporary Certificate: Pending the issuance of such a certificate, a temporary zoning certificate of occupancy may be issued by the zoning administrator for a period of no more than six (6) months during the completion of the construction of the building or of such reconstruction, alteration or enlargement as required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the village relating to the use or occupancy of the land or building, or any other matter covered by this title, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure compliance with this title.
   C.   Application For Certificate For Use Of Vacant Land, Change In Use Or Change In Nonconforming Use: Written application for a zoning certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to the zoning administrator.
   D.   Issuance Of Certificate: If the proposed use is in conformity with the provisions of this title, the zoning certificate of occupancy therefor shall be issued within three (3) business days after the written request (referred to in subsection B2 of this section) for the same has been made.
   E.   Contents Of Certificate: Each zoning certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this title.
   F.   Record Of Certificate: A record of all zoning certificates of occupancy shall be kept on file in the office of the zoning administrator, and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected. (Ord. 21-04, 10-5-2004)

11-13-5: CONDITIONAL USE PERMIT:

   A.   Purpose: This title divides the village into various districts and permits in each district, as a matter of right, only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other facts. Such "conditional uses" require careful case by case review, and may be allowed only by permission of the village council.
   B.   Application For Permit; Advisory Report Required: Every applicant for a conditional use permit shall submit to the administrator, in narrative and/or graphic form, the items of information listed in subsection C of this section along with the required fee (see section 11-13-12 of this chapter). The administrator shall prepare an advisory report on every request for a conditional use permit. He shall promptly transmit the completed application and his advisory report to the zoning board of appeals.
   C.   Information Required:
      1.   Name and address of applicant;
      2.   Name and address of the owner or operator of the proposed structure or use, if different from subsection C1 of this section;
      3.   Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;
      4.   Location of the proposed use or structure and its relationship to existing adjacent uses or structures;
      5.   Area and dimensions of the site for the proposed structure or uses;
      6.   Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;
      7.   Height and setbacks of the proposed structure;
      8.   Number and size of proposed dwelling units, if any;
      9.   Location and number of proposed parking/loading spaces and access ways;
      10.   Identification and location of all existing or proposed utilities, whether public or private; and/or
      11.   Any other pertinent information that the administrator may require.
   D.   Public Hearing:
      1.   Time For Hearing: The zoning board of appeals shall hold a public hearing on every conditional use permit application within a reasonable time after said application is submitted to them. At the hearing, any interested party may appear, either in person or by duly authorized agent or attorney.
      2.   Notice Requirements: Notice indicating the time, date and place of the hearing and the location and nature of the proposed conditional use shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing, as follows:
         a.   By first class mail to the applicant and to all parties whose property, in the opinion of the zoning board of appeals, would be directly affected by the proposed conditional use; and
         b.   By publication in a newspaper published in the village, or if no newspaper is published therein, then by a publication in a newspaper of general circulation within the village published in LaSalle County.
   E.   Board Of Appeals Requirements:
      1.   Advisory Report; Factors Considered: Within a reasonable time after the public hearing, the zoning board of appeals shall submit their advisory report to the village council. In deciding what their advice should be, the zoning board of appeals shall consider the following factors:
         a.   Whether the proposed design, location and manner of operation of the proposed conditional use will adequately protect the public health, safety, and welfare and the physical environment;
         b.   Whether the proposed conditional use is consistent with the Leland comprehensive plan;
         c.   The effect the proposed conditional use would have on the value of neighboring property and on the village overall tax base;
         d.   The effect the proposed conditional use would have on public utilities and on traffic circulation on nearby streets; and
         e.   Whether there are any facilities near the proposed conditional use (such as schools or hospitals) that require special protection.
      2.   Findings Of Fact; Terms Of Relief: The recommendation of the zoning board of appeals shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed use, which shall remain a part of the permanent records of the zoning board of appeals. The findings of fact shall specify the reasons for recommending the granting of the use. The terms of the relief recommended shall be specifically set forth in a conclusion or statement separate from the findings of fact. Property for which relief has been granted shall not be used in violation of the specific terms of findings of fact, unless its usage is changed by further findings of fact. (Ord. 92-09, 4-14-1992)
   F.   Village Council Requirements:
      1.   Action By Council: The council shall act on every request for a conditional use permit at the next regularly scheduled meeting following receipt of the zoning board of appeals' advisory report. Without further public hearing, the village council may grant a conditional use permit by an ordinance passed by a simple majority vote or may refer it back to the board for further consideration. Any proposed conditional use which fails to receive the approval of the zoning board of appeals shall not be passed except by the favorable vote of at least four (4) members of the village council. (Ord. 92-09, 4-14-1992; amd. 2003 Code)
      2.   Findings Of Fact; Terms Of Relief: Every conditional use determination of the village council shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed conditional use, which shall remain a part of the permanent records of the zoning board of appeals. The findings of fact shall specify the reasons for granting the conditional use. The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact. Property for which relief has been granted shall not be used in violation of the specific terms of the ordinance unless its usage is changed by additional ordinances. (Ord. 92-09, 4-14-1992)

11-13-6: TEMPORARY USE PERMIT:

As set forth in section 11-4-3 of this title, requests for temporary use permits shall be treated in substantially the same manner as requests for conditional use permits. The council shall not initially issue any temporary use permit for a period longer than one year, but they may renew any such permit as they see fit. (Ord. 92-09, 4-14-1992; amd. 2003 Code)

11-13-7: VARIANCES:

   A.   Definition: A "variance" is a relaxation of the requirements of this title that are applicable to a particular lot, structure, or use. A so called "use variance" which would allow a use that is neither permitted nor conditional in the district in question is not a variance; it is an amendment and may be granted only as provided in section 11-13-9 of this chapter. (Ord. 92-09, 4-14-1992; amd. 2003 Code)
   B.   Application For Variance: Every application for a variance shall be filed with the zoning administrator on a prescribed form along with the established fee (see section 11-13-12 of this chapter). The zoning administrator shall properly transmit said application, together with any advice he might wish to offer to the zoning board of appeals. The application shall contain sufficient information to allow the zoning board of appeals to make an informed decision, and shall include, at a minimum, the following:
      1.   Name and address of applicant;
      2.   Location of structure/use for which the variance is sought;
      3.   Relationship of said structure/use to existing structures/uses on adjacent lots;
      4.   Specific sections of this title containing the regulations which, if strictly applied, will cause a serious problem; and
      5.   Any other pertinent information that the zoning administrator may require.
   C.   Public Hearing:
      1.   Time For Hearing: The zoning board of appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to the zoning board of appeals. At the hearing, any interested party may appear, either in person or by duly authorized agent or attorney.
      2.   Notice Requirements: Notice indicating the time, date and place of the hearing, and the location and nature of the proposed variance shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing, as follows:
         a.   By first class mail to the applicant and to all parties whose property, in the opinion of the zoning board of appeals, would be directly affected by the proposed variance;
         b.   By publication in a newspaper published in the village, or if no newspaper is published therein, then by publication in a newspaper of general circulation within the village published in LaSalle County.
   D.   Standards For Variances: The zoning board of appeals shall recommend and the village council shall approve a variance only when such variance is in harmony with the general purpose and intent of the zoning regulations and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations relating to the use, construction or alteration of buildings or structures or the use of the land. The zoning board of appeals shall not recommend any variance unless, based upon the evidence presented, the board determines that:
      1.   The proposed variance is consistent with the general purpose and intent of this title;
      2.   Strict application of the district requirements would result in great practical difficulties or hardship to the applicant, and the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of that zone;
      3.   The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties for hardship and allow a reasonable return on the property;
      4.   Plight of the applicant is due to peculiar circumstances, not of his own making;
      5.   The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, a variance would be a more appropriate remedy than an amendment of this title; and
      6.   The variance, if granted, will not alter the essential character of the area where the premises in question is located nor materially frustrate implementation of the comprehensive plan of the village.
   E.   Report To Council; Findings Of Fact: The zoning board of appeals shall render a report to the village council on every variance request within a reasonable time after the public hearing. Every report rendered by the zoning board of appeals after hearing shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed variation, which shall remain a part of the permanent records of the board of appeals. The findings of fact shall specify the reasons for granting the variation. The terms of the relief recommended shall be specifically set forth in a conclusion or statement separate from the findings of fact of the board of appeals. (Ord. 92-09, 4-14-1992)
   F.   Village Council Requirements:
      1.   Action By Council: Upon the report of the zoning board of appeals, the village council, by ordinance, without further public hearing, may adopt any proposed variance or may refer it back to the zoning board of appeals for further consideration. Any proposed variance which fails to receive the approval of the zoning board of appeals shall not be passed except by the favorable vote of at least four (4) members of the village council. Furthermore, no variance shall be granted within six (6) months after the date upon which an official plan is adopted by the village council unless such variance is approved by a two- thirds (2/3) vote of the village council then holding office. (Ord. 92-09, 4-14-1992; amd. 2003 Code)
      2.   Findings Of Fact; Terms Of Relief: Every variance determination of the village council shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed variance, which shall remain a part of the permanent records of the zoning board of appeals. The findings of fact shall specify the reasons for granting the variance. The terms of relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact. Property for which relief has been granted shall not be used in violation of the specific terms of the ordinance unless its usage is changed by additional ordinances. (Ord. 92-09, 4-14-1992)

11-13-8: RIGHTS OF VARIANCE AND CONDITIONAL USE APPLICANTS:

Zoning variance and conditional use applicants shall have the following rights:
   A.   To have subpoenas issued by the zoning board of appeals for persons to appear at board of appeals hearings and for examination of documents by the person requesting the subpoena either before or at board of appeals hearings subject to the following restrictions: subpoenas shall only be enforceable against persons or for documents which have a substantial evidentiary connection with: 1) the property for which a zoning variance or conditional use is requested; or 2) facts which would support or negate the requisite legal standards for granting a variance or conditional use. Service of such subpoenas shall be made in the same manner as summons in a civil case.
   B.   To cross examine all witnesses testifying.
   C.   To present witnesses on their behalf. (Ord. 92-09, 4-14-1992)

11-13-9: AMENDMENTS:

   A.   Authority: The village council may amend this title in accordance with state law 1 and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, conditional, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the village council, the administrator, the board of appeals, the plan commission, or any party in interest. (Ord. 92-09, 4-14-1992; amd. 2003 Code)
   B.   Filing Amendments; Fee Required: Every proposal to amend this title shall be filed with the administrator. If the amendment is proposed by a private individual (i.e., not the village council, plan commission or zoning administrator), such proposal shall be accompanied by the established fee (see section 11-13-12 of this chapter). The administrator shall promptly transmit said proposal, together with any comments or recommendation he may wish to make, to the zoning board of appeals for a public hearing.
   C.   Public Hearing:
      1.   Time For Hearing: The zoning board of appeals shall hold a public hearing on every proposed amendment within a reasonable time after said application is submitted to them. At the hearing, any interested party may appear either in person or by duly authorized agent or attorney.
      2.   Notice Requirements: Notice indicating the time, date and place of the hearing, and the nature of the proposed amendment shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing, as follows:
         a.   By first class mail to the applicant.
         b.   By publication in a newspaper published in the village, or if no newspaper is published therein, then by publication in a newspaper of general circulation within the village and published in LaSalle County.
   D.   Advisory Report; Findings Of Fact: Within a reasonable time after the public hearing, the zoning board of appeals shall submit their advisory report to the village council. The report shall state the zoning board of appeals' recommendations regarding adoption of the proposed amendment, and their reasons. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the zoning board of appeals shall include in their advisory report findings of fact concerning each of the following matters:
      1.   Existing uses and zoning of the property in question;
      2.   Existing uses and zoning of other lots in the vicinity of the property in question;
      3.   Suitability of the property in question for uses already permitted under existing regulations;
      4.   Suitability of the property in question for the proposed use;
      5.   The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned; and
      6.   The effect the proposed rezoning would have on implementation of the Leland comprehensive plan.
   E.   Village Council Action:
      1.   Action Generally: The village council shall act on every proposed amendment at their next regularly scheduled meeting following submission of the zoning board of appeals' advisory report. Without further public hearing, the village council may pass any proposed amendment or may refer it back to the zoning board of appeals for further consideration. No amendment shall be allowed unless approved by a two-thirds (2/3) vote of the village council then holding office. (Ord. 92-09, 4-14-1992)
      2.   Action In Case Of Written Protest: In case of 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 at least four (4) members of the village council. In such cases, a copy of the written protest shall be served by the protestors on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of the applicant and attorneys shown in the application for the proposed amendment. (Ord. 92-09, 4-14-1992; amd. 2003 Code)

11-13-10: COMMUNITY IMPACT STATEMENT:

Any person, firm or corporation applying for an amendment of this title or applying for a variance or conditional use permit shall be considered to be engaging in development or land disturbing activity within the meaning of the community impact statement ordinance of the village 1 , and shall be required to comply with said community impact statement ordinance in applying for such amendment, variance, or conditional use, unless the requirement for such compliance is waived as provided in the community impact statement ordinance. This requirement shall not apply to amendments, variances, or conditional use permits initiated by the municipal corporation of the village or any of its boards or commissions. (Ord. 4-97, 3-4-1997)

11-13-11: APPEALS:

   A.   Authority To Appeal: An appeal to the zoning board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the village. (Ord. 92-09, 4-14-1992)
   B.   Filing Of Appeal; Record Transmittal: Every appeal shall be taken within forty five (45) days of the action complained of by filing, with the zoning administrator and with the zoning board of appeals, a notice of appeal, specifying the grounds thereof, along with the established fee (see section 11-13-12 of this chapter). Not more than five (5) business days after the notice of appeal has been filed, the zoning administrator shall transmit to the zoning board of appeals all of the papers constituting the record upon which the action appealed from was taken. (Ord. 92-09, 4-14-1992; amd. 2003 Code)
   C.   Appeal Stays Further Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the zoning 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 this event, the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the zoning board of appeals or by a circuit court upon application and on notice to the zoning administrator, and on due cause shown.
   D.   Public Hearing; Notice Requirements: The zoning board of appeals shall fix a reasonable time for the hearing for the appeal and give due notice thereof to the party and decide the appeal within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney. Notice indicating the time, date and place of the hearing, and the nature of the hearing shall be given not more than thirty (30) nor less than fifteen (15) days before hearing, as follows:
      1.   By first class mail to all parties.
      2.   By publication in a newspaper published in the village, or if no newspaper is published therein, then by publication in a newspaper of general circulation within the village published in LaSalle County.
   E.   Decision By Board Of Appeals: The zoning board of appeals shall render a decision on the appeal within a reasonable time after the hearing. The zoning 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 and to that end has all the powers of the zoning administrator. (Ord. 92-09, 4-14-1992)

11-13-12: FEES AND COSTS:

   A.   Payment Of Fees And Costs; Purpose; Fee Schedule: All fees indicated shall be paid to the village clerk. Said fees are intended to defray the administrative costs connected with the processing/conducting of the listed permits/procedures; they do not constitute a tax or other revenue raising device. Such fees shall be determined by the village council and amended from time to time in the discretion of the village council, and said fee schedule is on file with the village clerk. The following applications, permits and procedures require fees:
   Amendment
   Appeal
   Conditional use permit
   Temporary use permit
   Variance
Zoning certificate of occupancy
Zoning compliance permit
(Ord. 3-05, 7-5-2005)
   B.   Additional Fees And Costs:
      1.   Reimbursement To Village Required: All applicants requesting a zoning amendment, conditional use permit, or variance shall reimburse the village for its reasonable costs for engineering, planning, legal and other professional consultant fees incurred in connection with preparing, studying, inspecting, reviewing, examining, checking and processing applicant's request and plans.
      2.   Bills And Invoices:
         a.    All bills for engineering, planning, legal and other professional consultants shall be submitted to the village council prior to the village submitting invoices to the applicant for prompt payment by the applicant.
         b.   All village invoices for said services submitted by the village to the applicant shall be paid promptly by the applicant, and the obligation to reimburse the village is binding whether or not the village approves the zoning amendment, conditional use permit, or variance.
      3.   Zoning Approvals Conditional Upon Payment Of Costs: Notwithstanding any other ordinance of the village, no zoning amendment, conditional use permit, or variance shall be deemed to be approved unless and until the applicant has reimbursed the village for its reasonable costs for engineering, planning, legal and other professional consultants incurred by the village in connection with the applicant's request and plans.
      4.   Agreement To Pay:
         a.   At the time an applicant files his application for a zoning amendment, conditional use permit, or variance, the village officer or employee receiving the application shall furnish the applicant with a form which shall read substantially as follows:
The following firm or person realizes that in order for the Village of Leland to properly review and evaluate requests for zoning amendments, conditional use permits and variances, it must necessarily utilize the services of engineering, planning, legal and other professional consultants. Consequently, the undersigned agrees to pay to the Village of Leland the reasonable costs incurred by the Village for such services when they pertain to the request of the undersigned for such zoning amendments, conditional use permits or variances. It is understood that all invoices for such services submitted by the village shall be paid promptly and that the obligation to reimburse the village is binding whether or not the zoning amendments, conditional use permits, or variances are in fact granted.
         b.   The zoning board of appeals and village council shall not take any action on any application until the applicant has signed the form as mentioned above and delivered it to the village officer or employee receiving the application. (Ord. 3-97, 3-4-1997)

11-13-13: PROCEEDINGS TO PREVENT VIOLATION:

In case any building or structure, including fixtures, is constructed, reconstructed, altered, repaired, converted or maintained or any building or structure, including fixtures, or land, is used in violation of this title, the village council or any owner or tenant of real property, within one thousand two hundred feet (1,200') in any direction of the property on which the building or structure is located who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to: a) prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use; b) prevent the occupancy of the building, structure or land; c) prevent any illegal act, conduct, business or use in or about the premises; or d) restrain, correct, or abate the violation. (Ord. 92-09, 4-14-1992)

11-13-14: CORRECTIVE ACTION ORDERS:

   A.   Notice Of Violation; Issuance Of Corrective Action Order: Whenever the zoning administrator finds by inspection or otherwise that any lot, structure, or use, or work thereon, is in violation of this title, he/she shall so notify the responsible party and shall order appropriate corrective action.
   B.   Contents Of Order: The order to take corrective action shall be in writing and shall include:
      1.   A description of the premises sufficient for identification;
      2.   A statement indicating the nature of the violation;
      3.   A statement of the remedial action necessary to effect compliance;
      4.   The date by which violation must be corrected;
      5.   A statement that the alleged violator is entitled to a conference with the administrator if desired;
      6.   The date by which an appeal of the corrective action order must be filed, and a statement of the procedure for filing; and
      7.   A statement that failure to obey a corrective action order shall result in revocation of the building permit and/or certificate of occupancy and may result in the imposition of fines.
   C.   Service Of Order: A corrective action order shall be deemed properly served upon the owner, occupant, or operator of the offending lot, structure or use if it is:
      1.   Served upon him personally;
      2.   Sent by registered mail to his last known address; or
      3.   Posted in a conspicuous place on or about the affected premises.
   D.   Stop Order: Whenever any work is being done in violation of a building permit, the administrator's corrective action order may state that the violation must cease immediately. In such case, the corrective action order is equivalent to a stop order. (Ord. 92-09, 4-14-1992)

11-13-15: COMPLAINTS:

Whenever any violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. The administrator shall record such complaints, immediately investigate, and, if in his judgment such action is necessary, institute appropriate corrective action. (Ord. 92-09, 4-14-1992)

11-13-16: PENALTIES:

After three (3) days, (including the day which the order is served) from when the zoning administrator has issued a corrective action order to a person who is in violation of this title, the zoning administrator may begin to institute penalties. Those fines shall be not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) plus costs. Each day that the violation continues shall be considered a separate offense subject to a separate fine. Nothing contained in this section shall prevent the village from taking any other lawful action that may be necessary to secure compliance with this title. (Ord. 3-97, 3-4-1997; amd. 2003 Code)