The city administrator, with the advice and consent of the city council, shall designate a zoning administrator under the supervision of the city administrator to be responsible for enforcing this chapter. The zoning administrator and police department shall see that the provisions of this chapter are properly enforced. Duties of the zoning administrator include:

(1)

Issue building permits, as specified in this Code.

(2)

Issue certificates of occupancy after on-site inspection to ensure conformity to the provisions of this chapter.

(3)

Issue home occupation permits.

(4)

Notify any residents responsible for violating any provisions of this chapter, indicating the nature of the violation, and ordering the necessary corrective action.

(5)

Conduct inspections of buildings and land uses to determine compliance with the provisions of this chapter.

(6)

Provide and maintain a public information service to all matters arising out of this chapter.

(7)

Review all cases of encroachment into the required setbacks.

(8)

Maintain and update the official zoning map.

(9)

Provide staff support to the planning and zoning board regarding all amendments to the regulations, special uses, applications for appeals, variances, uses on review, or other matters in which the commission is required to pass under the regulations.

(Code 1977, § 17.52.010; Ord. No. 06-04, 2006)

(a)

Notice of violations. The zoning administrator shall give written notification of any violation of this chapter to the owner or lessor of, or the trustee or other legally responsible party for such property, stating in such notification that he has inspected the property and has found it in violation of this chapter. He shall state in the notification in clear precise terms a description or explanation of the violation. The property owner, trustee, lessor, or legally responsible party shall have 30 days in which to correct such violation or to give satisfactory evidence that they have taken steps that will lead to correcting such violation within a stated period of time, which time must be agreeable to the zoning administrator as being fair and reasonable.

(b)

Time limitation for correction. The owner, trustee, lessor, or other legally responsible party shall be deemed to be in violation of this chapter if after 30 days the violation has not been corrected or is not in the process of being corrected within a reasonable length of time or time in which correction will be made has not been approved by the zoning administrator.

(Code 1977, § 17.52.020C; Ord. No. 06-04, 2006)

(a)

Appellant defined. Any person denied a permit or aggrieved by a ruling of the zoning administrator charged with the enforcement of this chapter and concerning the interpretation of the ordinance from which this chapter is derived may take an appeal to the planning and zoning board. Any person aggrieved by a decision by the planning and zoning board may take an appeal to the city council.

(b)

Timing of appeal. Such appeal shall be taken within 30 days to the planning and zoning board or city council and shall be taken by filing with the city clerk and with the planning and zoning board or city council a notice of appeal specifying the grounds thereof, a fee to the city to pay for the required publication and administrative costs, and such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the planning and zoning board or city council. The city clerk shall then transmit to the planning and zoning board or city council all of the papers constituting the record upon which the action appealed was taken.

(c)

Stay. The appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the planning and zoning board or city council, after 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 which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on application, with notice to the officer from whom the appeal is taken and all due causes shown.

(d)

Hearing required. The planning and zoning board or city council shall hear an appeal at one of their regularly scheduled meetings and give due notice thereof to the parties and shall render a decision of the appeal without unreasonable delay. No hearing shall be held upon an appeal unless the parties receive at least 72 hours' notice of such hearing. Any party previously on the case record may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

(e)

Powers of planning and zoning board. The planning and zoning board may reverse or affirm, wholly or partly, or may modify or amend the order, requirements, decision, or determination appealed from the zoning enforcement officer to the extent and in the manner that the planning and zoning board may decide to be fitting and proper in the premises. To that end, the commission shall also have all the powers of the officer from whom the appeal is taken. Matters may be returned to the commission for further review.

(f)

Powers of city council. The city council may reverse or affirm, wholly or partly, or may modify or amend the order, requirements, decision, or determination appealed from the planning and zoning board to the extent and in the manner that the city council may decide to be fitting and proper in the premises. To that end, the council shall also have all the powers of the officer from whom the appeal is taken. Matters may be returned to the council for further review.

(g)

Record of meetings. Each decision of the planning and zoning board or city council shall be in writing and include the conclusions regarding each standard applicable to the proposed development.

(h)

Reversal of an order. The concurring vote of two-thirds of the members of the planning and zoning board or city council shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render decisions.

(i)

Appeals to court. An appeal of a decision of the city council shall be made to a court or competent jurisdiction pursuant to the provisions of the Administrative Review Act, 735 ILCS 5/3-101 et seq. The appealing party shall bear the cost of preparing the record on appeal. Copies of any orders or proceedings ordered by the appellant shall be furnished to the appellant at his own cost.

(Code 1977, § 17.52.040; Ord. No. 06-04, 2006)