Mettawa City Zoning Code
ARTICLE XIV
ENFORCEMENT
SECTION 15.1401. GENERAL ENFORCEMENT AUTHORITY AND DUTY.
The Zoning Administrator, or his/her designee, has primary responsibility for enforcing this Zoning Chapter. Upon finding the existence of any violation of this Chapter the Zoning Administrator has the authority and duty to take or direct all actions necessary or appropriate to abate and redress such violation.
(Ord. 885, passed 11-21-2023)
SECTION 15.1402. VIOLATIONS.
Unless otherwise expressly allowed by this Chapter, any violation, including but not limited to the following, may be subject to the remedies and penalties as set forth in this Chapter:
A. To use land or buildings in any way not consistent with the requirements of the Chapter.
B. To erect a building or structure in any way not consistent with the requirements of the Chapter.
C. To engage in the use of land, a building, or a structure or any other activity requiring one or more approvals or permits without having obtained such approvals or permits.
D. To engage in the use of land, a building, or structure or any other activity requiring one or more permits or approvals in a manner inconsistent with such permit or approval or any conditions imposed by such permit or approval.
E. To violate the terms of any permit or approval granted under this Chapter or any condition imposed by the permit or approval.
F. To violate any lawful order issued by a person or entity under this Chapter.
G. To continue to violate this Chapter after receipt of notice of a violation.
(Ord. 885, passed 11-21-2023)
SECTION 15.1403. CIVIL AND ADMINISTRATIVE ENFORCEMENT.
A. Stop and Cease and Desist Orders. Upon finding the existence of any violation of this Chapter, the Zoning Administrator will notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including but not limited to the discontinuance of any illegal use of land or structures, the removal of illegal structures, additions, or alterations, and/or the discontinuance of illegal work being done.
B. Legal Actions. The Zoning Administrator will exercise all the powers authorized by the statutes of the State of Illinois and Village codes and ordinances to ensure compliance with, or to prevent or abate any violation of, the provisions of this Chapter and will, where necessary or appropriate, institute or cause to be instituted by the Village Attorney in the name of the Village any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this Chapter.
C. Abatement and Liens. The Zoning Administrator may order any work necessary to abate any violation of this Chapter and will assess the cost of such work to the lot owner. Upon the failure of the owner to pay such cost, the Zoning Administrator will file a lien for such costs and for all costs of collection against the lot in question.
D. Revocation of Rezonings, Permits, Variations, or Approvals. The violation of any provision of this Chapter, or of any permit or approval granted pursuant to this Chapter, or of any condition imposed pursuant to this Chapter is grounds for the revocation of any rezoning, permit, variation, or approval granted and affecting the lot involved in the violation. The Zoning Administrator may recommend and the Village Board may order such revocation; provided, however, that where the original rezoning, permit, variation, special use, or approval was granted following a public hearing required pursuant to this Chapter, the revocation must be preceded by a similar public hearing.
E. Fines. In the enforcement of this Chapter, the Zoning Administrator will, where necessary and appropriate, order the issuance and enforcement of citations to recover fines and penalties for the violation of this Chapter as authorized by law.
(Ord. 885, passed 11-21-2023)
SECTION 15.1404. PROCEEDINGS TO PREVENT VIOLATION AND STAY.
A. In the event any building or structure, including fixtures, is constructed, reconstructed, altered, repaired, converted, or maintained, or in the event any such building or structure, including fixtures or land, is used in violation of this Chapter or any other ordinance of the Village, any owner or tenant of real property located within 500 feet in any direction of the property on which the building or structure or land in question is located who shows that his/her property or person will be substantially affected by the alleged violation, may institute any appropriate action or proceeding for one or more of the following:
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 case in or about the premises.
4. To restrain, correct, or abate the violation.
B. When such action is instituted by an owner or tenant, notice of such action must be served upon the Village at the time suit is begun, by serving a copy of the complaint on the Village Clerk in order that the Village may join as a party plaintiff, if it so elects. In any such case where the Village fails to join as a party plaintiff, the Village will be named as a party defendant in any such action.
(Ord. 885, passed 11-21-2023)
SECTION 15.1405. PENALTIES.
A. Any person, firm, corporation, or agent, employees, contractors, or owners who violate, disobey, omit, neglect, refuse to comply with, or who resist enforcement of any of the provisions of this Chapter will be subject to fines and/or penalties in accordance with the provisions set forth in Chapter 2, Village Government, Article X, Fines and Penalties.
B. For purposes of this section and this Chapter, each day that a violation is permitted to exist constitutes a separate offense.
(Ord. 885, passed 11-21-2023)