The zoning official and his designee are hereby authorized to enforce this title. For the purposes of this title, the term zoning official as used here, and throughout, shall be inclusive of his designee. (Ord. 2000-O-005, 2-14-2000)
9-19-2: COMPLAINTS REGARDING VIOLATIONS:
Whenever the zoning official receives a complaint alleging a violation of this title, he shall investigate the complaint and shall take whatever action is warranted. (Ord. 2000-O-005, 2-14-2000)
9-19-3: PERSONS LIABLE FOR VIOLATIONS:
The owner, tenant, or occupant of any building or land or part thereof, and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this title, may be held responsible for the violation, suffer the penalties, and be subject to the remedies herein provided. (Ord. 2000-O-005, 2-14-2000)
9-19-4: RIGHT TO ENTER AND MAKE INSPECTIONS:
The zoning official is hereby authorized to make inspections of all buildings, structures and premises located within the village to determine their compliance with the provisions of this title. For the purpose of making such inspection, the zoning official is hereby authorized to examine and survey all buildings, structures and premises within the village. Such inspection shall be made within the hours of six thirty o'clock (6:30) A.M. and nine o'clock (9:00) P.M. on any days except Sunday subject to the following standards and conditions:
A. Inspections: Such inspections may take place only if:
1. A complaint respecting said premises has been received by the zoning official subject to section 9-19-2 of this chapter, and said complaint, in the opinion of said official, provides reasonable grounds for belief that a violation exists; or
2. If such inspection is undertaken as part of a regular inspection program whereby certain areas of the village are being inspected in their entirety by direction of the zoning official or the mayor.
B. Identification And Purpose: Any person making such inspection shall furnish to the owner or occupant of the structure sought to be inspected, sufficient identification and information to enable the owner or occupant to determine that he is a representative of the village, and to determine the purpose of the inspection.
C. Warrant: If the owner shall refuse to grant entry, the zoning official or authorized representative may apply to any court of competent jurisdiction for a warrant or other legal process for the purpose of securing entry to any premises. (Ord. 2000-O-005, 2-14-2000)
9-19-5: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
A. Notice: Upon finding the existence of any violation of this title, the zoning official shall cite, 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, ordering the discontinuance of any illegal use of land or structures, the removal of illegal structures, additions, or alterations, and the discontinuance of illegal work being done.
B. Enforcement Without Notice: Notwithstanding the foregoing, in cases where delay would seriously threaten the effective enforcement of this title or pose a danger to the public health, safety, or welfare, the zoning official may seek enforcement without prior written notice by invoking any penalties or remedies authorized in this chapter. (Ord. 2000-O-005, 2-14-2000)
9-19-6: PENALTIES AND REMEDIES FOR VIOLATIONS:
A. Legal Actions: In the enforcement of this title, the zoning official shall exercise all the powers authorized by the statutes of the state of Illinois and village ordinances and titles to ensure compliance with, or to prevent or abate any violation of, the provisions of this title, and in particular shall, when 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 title.
B. Abatement, Liens: When authorized by state statute, the zoning official may recommend and the board of trustees may order any work necessary to abate any violation of this title and shall assess the cost of such work to the property owner. Upon the failure of the owner to pay such cost, the village board shall file a lien for such costs and for all costs of collection against the property in question.
C. Revocation Of Permits: The violation of any provision of this title, or of any permit or approval granted pursuant to this title, or of any condition imposed pursuant to this title or the providing of false information on any development review application shall be grounds for the revocation of any rezoning, permit, variation, or approval granted pursuant to this title and affecting the property involved in the violation. The zoning official may recommend and the village board may order such revocation; provided, however, that the village board shall first hold a public hearing on the revocation.
D. Violations And Fines: Violations of the provisions of this title or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances, special uses, or planned developments, shall constitute a common nuisance. Any person convicted of violating this title may be fined at least seven hundred fifty dollars ($750.00). In addition, any person found in violation of this title shall be expected to pay all costs and expenses related to adjudicating the offense. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense. (Ord. 2000-O-005, 2-14-2000)
9-19-7: PRIVATE REMEDIES RESERVED:
Nothing in this chapter shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this title from bringing an appropriate action to secure relief. (Ord. 2000-O-005, 2-14-2000)
Mokena City Zoning Code
CHAPTER 19
ENFORCEMENT
9-19-1: AUTHORITY:
The zoning official and his designee are hereby authorized to enforce this title. For the purposes of this title, the term zoning official as used here, and throughout, shall be inclusive of his designee. (Ord. 2000-O-005, 2-14-2000)
9-19-2: COMPLAINTS REGARDING VIOLATIONS:
Whenever the zoning official receives a complaint alleging a violation of this title, he shall investigate the complaint and shall take whatever action is warranted. (Ord. 2000-O-005, 2-14-2000)
9-19-3: PERSONS LIABLE FOR VIOLATIONS:
The owner, tenant, or occupant of any building or land or part thereof, and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this title, may be held responsible for the violation, suffer the penalties, and be subject to the remedies herein provided. (Ord. 2000-O-005, 2-14-2000)
9-19-4: RIGHT TO ENTER AND MAKE INSPECTIONS:
The zoning official is hereby authorized to make inspections of all buildings, structures and premises located within the village to determine their compliance with the provisions of this title. For the purpose of making such inspection, the zoning official is hereby authorized to examine and survey all buildings, structures and premises within the village. Such inspection shall be made within the hours of six thirty o'clock (6:30) A.M. and nine o'clock (9:00) P.M. on any days except Sunday subject to the following standards and conditions:
A. Inspections: Such inspections may take place only if:
1. A complaint respecting said premises has been received by the zoning official subject to section 9-19-2 of this chapter, and said complaint, in the opinion of said official, provides reasonable grounds for belief that a violation exists; or
2. If such inspection is undertaken as part of a regular inspection program whereby certain areas of the village are being inspected in their entirety by direction of the zoning official or the mayor.
B. Identification And Purpose: Any person making such inspection shall furnish to the owner or occupant of the structure sought to be inspected, sufficient identification and information to enable the owner or occupant to determine that he is a representative of the village, and to determine the purpose of the inspection.
C. Warrant: If the owner shall refuse to grant entry, the zoning official or authorized representative may apply to any court of competent jurisdiction for a warrant or other legal process for the purpose of securing entry to any premises. (Ord. 2000-O-005, 2-14-2000)
9-19-5: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
A. Notice: Upon finding the existence of any violation of this title, the zoning official shall cite, 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, ordering the discontinuance of any illegal use of land or structures, the removal of illegal structures, additions, or alterations, and the discontinuance of illegal work being done.
B. Enforcement Without Notice: Notwithstanding the foregoing, in cases where delay would seriously threaten the effective enforcement of this title or pose a danger to the public health, safety, or welfare, the zoning official may seek enforcement without prior written notice by invoking any penalties or remedies authorized in this chapter. (Ord. 2000-O-005, 2-14-2000)
9-19-6: PENALTIES AND REMEDIES FOR VIOLATIONS:
A. Legal Actions: In the enforcement of this title, the zoning official shall exercise all the powers authorized by the statutes of the state of Illinois and village ordinances and titles to ensure compliance with, or to prevent or abate any violation of, the provisions of this title, and in particular shall, when 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 title.
B. Abatement, Liens: When authorized by state statute, the zoning official may recommend and the board of trustees may order any work necessary to abate any violation of this title and shall assess the cost of such work to the property owner. Upon the failure of the owner to pay such cost, the village board shall file a lien for such costs and for all costs of collection against the property in question.
C. Revocation Of Permits: The violation of any provision of this title, or of any permit or approval granted pursuant to this title, or of any condition imposed pursuant to this title or the providing of false information on any development review application shall be grounds for the revocation of any rezoning, permit, variation, or approval granted pursuant to this title and affecting the property involved in the violation. The zoning official may recommend and the village board may order such revocation; provided, however, that the village board shall first hold a public hearing on the revocation.
D. Violations And Fines: Violations of the provisions of this title or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances, special uses, or planned developments, shall constitute a common nuisance. Any person convicted of violating this title may be fined at least seven hundred fifty dollars ($750.00). In addition, any person found in violation of this title shall be expected to pay all costs and expenses related to adjudicating the offense. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense. (Ord. 2000-O-005, 2-14-2000)
9-19-7: PRIVATE REMEDIES RESERVED:
Nothing in this chapter shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this title from bringing an appropriate action to secure relief. (Ord. 2000-O-005, 2-14-2000)