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Paulding City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 155.50 ADMINISTRATIVE PROCEDURES.

   (A)   Intent.
      (1)   Procedures for administering, interpreting and enforcing this chapter are herein established in order to achieve, among others, the following purposes:
         (a)   To provide for the review of an application for a building permit;
         (b)   To provide for the inclusion of necessary facilities, services and other uncommon uses through condition use permits;
         (c)   To provide for the inclusion of uses which are uncommon but which have characteristics similar to permitted main uses;
         (d)   To assure that in the construction of new buildings, alterations or change of use, all required provisions have been complied with by requiring a certificate before occupancy; and
         (e)   To provide supplementary administrative procedures in conformity with the objectives of the zoning code.
      (2)   In administrating this chapter, the provisions shall be regarded as establishing minimum requirements and shall be used specifically to further the underlying purposes, objectives and intent set forth in the preamble to each section.
      (3)   The relationship of this chapter to other laws, rules and regulations and the relationship if Two or more specific provisions of this chapter apply to the same subject are set forth in § 155.01.
   (B)   General procedures.
      (1)   The administration of this chapter is vested in the following officials, commissions and boards of the village:
         (a)   Planning Commission;
         (b)   Building Department; and
         (c)   Board of Zoning Appeals.
      (2)   Compliance with the provisions of this chapter shall be obtained by:
         (a)   Applying for the issuance of a building permit including the following, if applicable:
            1.   Application for a conditional use permit;
            2.   Application for determination of similar use;
            3.   Application and approval of a development plan; and
            4.   Appeals for an interpretation or a request for a variance.
         (b)   Application for certificate of occupancy issued upon completion of the building or the land improvement.
      (3)   Enforcement of the provisions of this chapter shall be obtained by inspection and order for removal of violations. Failure to comply with such order shall constitute an offense which may be followed with civil action.
   (C)   Building permit. Excavations for buildings or site improvements shall not be started, or buildings or structures, or parts thereof, shall not be erected, altered or moved until a building permit has been applied for and issued by the Building Department.
      (1)   Approval of development plans. Approval of development plans, whenever such a plan has been submitted by the developer as required by this chapter, the preliminary plan and final plan of the development area shall have been approved by the Planning Commission before a building permit may be issued by the Building Department.
      (2)   Compliance to zoning regulations. Permits for the construction of a building or land improvements or change in use may be issued by the Building Department only if the work described in an application clearly complies with all provisions of the zoning and other codes of the village. If the building or use does not clearly comply, the Building Department shall not have the power to grant variances or make exceptions unless specifically so empowered.
      (3)   Conditional use permit. Conditional use permit, whenever a determination for a conditional use is required, a building permit for the building or use requiring a conditional use permit shall not be issued until such permit has been applied for and issued by the Planning Commission.
      (4)   Determination of similar use. Determination of similar use, whenever a determination for a “similar use” is required, a building permit for the building or use shall not be issued until the inclusion of said use as a permitted use has been made by the Planning Commission and confirmed by Council.
   (D)   Withholding permits.
      (1)   Amendment pending. No building permit or certificate of occupancy, shall be issued during the period in which an amendment which would affect the building or use applied for has been recommended by the Planning Commission or introduced by the Council, provided however, an application for a permit or certificate shall not be withheld for more than 90 days after the application was officially submitted.
      (2)   Nonconforming lot. No building permit shall be issued for a one- or two-family building unless the residential lot shall abut upon a public street; the utilities, pavement and all other required improvements have been constructed, or their construction guaranteed; the lot be located in a duly recorded subdivision or approved by the Planning Commission and no plat required; or resubdivided in accordance with the provisions of § 155.15(Q) so as to conform with the requirements of this chapter.
   (E)   Required drawings. In addition to drawings required by the provisions of the Building Code, application for a building permit shall be accompanied by:
      (1)   A plat showing dimensions of the lot to be developed, lot number, a topographic survey or adequate topographic data, and evidence that the lot has been surveyed and certified by a registered surveyor or engineer;
      (2)   A site plan, drawn to scale showing the location of proposed and existing buildings, driveway and parking areas, and proposed finished grades; also the location and use of buildings on adjoining lots within distances specified in other sections of this chapter. For residential developments the size and location of a garage shall be shown; and
      (3)   Such other drawings and information as may be required by the provisions of § 155.15 for residential districts, § 155.16 for mobile home districts, § 155.17 for business districts, § 155.18 for industrial districts, § 155.19 for flood plain districts, § 155.30 for parking and loading facilities and § 155.31 for signs.
   (F)   Application for permits.
      (1)   Applications. Application for building permits, and accompanying drawings, shall be submitted to the Building Department. After processing same, as to general conformance to the Building Code, the Building Department shall submit to the Planning Commission those applications which require its approval, and to the Board of Zoning Appeals if the application involves any interpretation required by it.
      (2)   Approval. The Building Department, having received a report of approval from the Council, Planning Commission and Appeals Board, as may be applicable, and finding the drawings, specifications and all documents comply with this chapter and other relevant codes of the village, may issue upon payment of required fees a building permit.
      (3)   Disapproval. If the Council, Planning Commission, Board of Zoning Appeals or the Building Department do not recommend approval of the application, they shall suggest changes in the drawings as may be necessary to accomplish the purpose of this chapter. In such instances, conferences with applicants may be held and the application revised or resubmitted, as may be required.
   (G)   Conditional use permits.
      (1)   Conditional use permits shall be required for certain types of main uses as defined in § 155.03, generally publicly operated or a facility which affects the public interest. Such use may be permitted and desirable in certain districts but not without consideration in each case of the affect of the use upon neighboring land and the public need for the particular use at the particular location. The application of the planning standards for determining the location and extent of such use is a planning function and not in the nature of a variance or appeal.
      (2)   Enumerated throughout this chapter are certain uses and the districts in which conditional uses may be permitted provided the following standards are fulfilled and a conditional use permit is granted by the Planning Commission.
         (a)   Application. Application for such permits received from the proponent shall be submitted by the Building Department to the Planning Commission. The Planning Commission shall hold a hearing thereon notice of which may be published in a newspaper of general circulation, or mailed to the owners of property contiguous to and across the street from the parcel for which a conditional use permit is requested at least 15 days before the hearing. The Planning Commission shall take action upon such application within 30 days from the date of receiving said application. Failure to act within said period shall be deemed approval.
         (b)   Standards for evaluating conditional use permit. An application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts:
            1.   Residential Districts.
               a.   The proposed use is property located in relation to any adopted land use or area plan, particularly to the secondary and local streets and pedestrian circulation;
               b.   When located on a local street the proposed use will generate the least possible traffic through a residential neighborhood;
               c.   The proposed use is necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use is located in a nearby less restrictive district where it may be permitted by right;
               d.   The location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding residential district; and
               e.   For temporary structures every conditional use permit shall be reviewed every six months and may be renewed only while the construction operations are pursued diligently.
            2.   Business and industrial districts.
               a.   The proposed use be necessary to serve the community needs and that existing similar facilities located in a less restrictive, or more remote districts in which the use may be permitted by right, are inadequate;
               b.   The proposed use be not closer than appropriate in the particular situation to schools, churches and other places of assembly;
               c.   The location, extent and intensity of the proposed use, shall be such that its operation will not be objectionable to nearby dwellings by reason of noise, smoke, dust, odors, fumes, vibrations or glare than is normal or is permitted by the performance standards of the district;
               d.   The proposed use will form a harmonious part of the business, or industrial district, taking into account among others, convenience of access and relationship of one use to another;
               e.   The proposed use will be permitted in a more restrictive district than in which it is permitted by right only because of its limited extent, modern equipment and processes; and
               f.   The hours of operation and concentration of vehicles in connection with the proposed use will not be more hazardous or dangerous than the normal traffic of the district.
         (c)   Safeguards and conditions. In addition to complying with the general standards set forth in this division (G), conditions appropriate to each particular application may also be set forth in the permit.
         (d)   Approval. The approval of a conditional use permit shall become null and void if the construction of the building or site improvements are not started within a six-month period after the date of approval.
   (H)   Determination of similar uses.
      (1)   The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particularly situation. Any use found “similar” shall thereafter be included in the enumeration of uses permitted by right.
      (2)   All applications for permits for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts shall be submitted to the Planning Commission, and after approval by it, confirmed by the Council in compliance with the following standards:
         (a)   Such use is not listed in any other classification of permitted buildings or uses;
         (b)   Such a use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than to an other classification;
         (c)   Such a use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and
         (d)   Such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
   (I)   Certificate of occupancy.
      (1)   A certificate of occupancy shall be applied for by the owner or his or her agent and shall be issued by the Building Department as a condition precedent to the occupancy and/or uses of a building and land as follows:
         (a)   Occupancy of a building erected or altered. A certificate of occupancy shall be required before occupancy of a new building, or before occupancy of an existing building which has been altered, moved, changed in use or increased in off-street parking requirements. Said certificate shall only be issued after the erection or alteration of said building or a component thereof or a required accessory use has been provided and found by inspection to be in conformity with the provisions of this chapter and the Building Code of the village.
         (b)   Change in use of conforming building or land. A certificate of occupancy shall be required before occupancy of a conforming structure, building or land where the use has been changed, provided the use is different than the prior use, and shall be issued, when found by inspection, to be in conformity with provisions of this chapter.
         (c)   Change in use of nonconforming building or land. A certificate of occupancy shall be required whenever a nonconforming structure, building or land is changed, and shall not be issued until the Planning Commission has approved the change in accordance with the provisions set forth in § 155.32.
      (2)   Record of existing building and land use. Upon application by the owner, or his or her agent, the Building Department shall inspect a building or tract of land existing on the effective date of this chapter and shall issue a certificate of occupancy therefore certifying:
         (a)   The present use of the building or land;
         (b)   If such use conforms to all the provisions of the chapter; and
         (c)   If it is a lawfully existing nonconforming use.
      (3)   Application for certificate.
         (a)   Applications for a certificate of occupancy may be submitted separately or may accompany an application for a building permit. Accurate information shall be furnished by the owner or his or her agent, as to size and location of the lot, buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of land or building, and all such information as may be included on a form to be furnished by the village.
         (b)   A record of all applications and certificates issued shall be kept on file in the office of the Building Department and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
   (J)   Enforcement. The duty of administering and enforcing the provisions of the zoning code is hereby conferred upon the Building Department. The Department may promulgate rules and regulations as it may determine as necessary to supplement the administration of the chapter. After certification by the council, such rules of the Building Department shall have the same force and effect as the other provisions of this chapter.
      (1)   Inspection and order for removal of violation. The Building Department is hereby empowered to enter any premises at a reasonable time to inspect a reported violation of the chapter, examine and to order, in writing, the remedying of any condition found to be existing in violation of any provisions of this chapter. After such an order is served or posted on the premises, no work, except to correct or comply with said violations shall proceed on any building or tract of land until said violation is corrected.
      (2)   Offense for noncompliance. A person or corporation shall be guilty of a misdemeanor, where any violation of any of the provisions of this chapter exists in any structures, building or tract of land; where an order to remove any such violation has been served on the owner, lessee or tenant of the structure, building or tract of land, or part thereof, or upon the architect, building contractor or any person who commits or assists in any such violation; and where such person shall fail to comply with such order with 90 days after the service of notice thereof.
      (3)   Civil action. In the event any building or structure is being erected, constructed, altered, repaired or maintained in violation of the provisions of this chapter, or there is an imminent threat of violation, the village or the owner of any contiguous or neighboring property who would be especially damaged by such violation may institute and maintain, in addition to any other remedies provided by law, a suit in the Court of Common Pleas of the county, for injunction to terminate or prevent such violation as a public nuisance.
      (4)   Records and reports. The Building Department shall keep, or cause to be kept, a record of any decisions, determinations or conclusions reached by the Department in connection with the enforcement of the zoning code. Such records shall be open to public inspection during regular business hours.
(Ord. 656-70, passed 2-16-1970) Penalty, see § 155.99

§ 155.51 ORGANIZATION OF PLANNING COMMISSION.

   (A)   Establishment. There is established a Village Planning Commission of five members consisting of the Mayor, Village Administrator and three electors of the municipality appointed by the Mayor subject to the approval of a majority of the members elected to Council, serving for terms of six years each.
   (B)   Officers and rules. The Planning Commission shall elected a Chairperson and Secretary from its members. It shall adopt rules or by-laws for the holding of regular and special meetings, the transaction and disposition of its business and the exercise of the powers of the Commission, such procedure shall be followed.
   (C)   Quorum. All meetings of the Planning Commission shall be open to the public. A majority of its members shall constitute a quorum at any meeting. No action of the Commission shall be deemed taken unless concurred in by a majority of its members.
   (D)   Powers. The Planning Commission shall have such powers as are conferred by the general laws of the state or by ordinance of the Council.
   (E)   Employment of consultants. The Planning Commission may control, appoint or employ professional services, and may appoint a Secretary, clerks, draftsmen, and other subordinates as it finds necessary in connection with the performance of its functions and duties. Expenditures for such service and employment shall be within the amount appropriated for such purpose by the Council.
   (F)   Access to property. For the purpose of making necessary surveys, engineers, agents and representatives of the Planning Commission may enter upon all property within the limits of the village. Members, agents and representatives of the Commission shall have access to all property in making any survey in connection with any matter being considered by the Commission.
   (G)   Planning Commission approval required. No public building or structure, street, park, playground, public ground, bridge or other public way, ground, works or utility, whether publicly or privately owned, or a part thereof, shall be constructed or authorized to be constructed within the limits of the village unless and until it shall have been submitted to the Planning Commission for report and recommendation. In the case of disapproval, the Commission shall communicate its reasons therefore to the Council and to the head of the department which has control of the construction of the proposed improvement or utility. The Council, by a vote of not less than two-thirds of its members, may over-rule such disapproval. If such public way, ground, works, building, structure or utility is one of the authorization or financing of which does not, under the law, fall within the province of the Council, the submission to the Commission shall be by the state, school, county, district, board, commission or body having jurisdiction and the Commission’s disapproval may be over-ruled by such official, board, commission or body by a vote of not less than two-thirds of its membership. The opening, widening, narrowing, relocating, vacation or change in the use of streets and other public ways, grounds, and places, shall be subject to similar approval and this approval may be similarly over-ruled.
(Ord. 656-70, passed 2-16-1970)

§ 155.52 BOARD OF ZONING APPEALS.

   (A)   Intent. A Board of Appeals is hereby established to assist in the administration of this chapter, particularly, to decide and interpret provisions which require impartial adjustments of conflicting interests and to grant variances from the strict letter of the chapter in instances of unnecessary hardship. Such a Board is herein established to achieve, among others, the following purposes:
      (1)   To provide a method for alleviating unnecessary hardship by allowing a reasonable use for individual parcels of property which, because of unusual or unique circumstances, may be denied a reasonable use by a literal application of the terms of this chapter;
      (2)   To review or appeal any order, requirement, decision or determination made by the Building Department;
      (3)   To provide an administrative board, independent from all other municipal boards or commissions, to act only pursuant to and in accordance with the standards established by the legislative body to hear and decide appeals which are to be tried over again from the beginning, (de novo); and
      (4)   That decisions and the granting of variances will sustain the constitutionality of the chapter and to be in compliance with the objectives of good planning.
   (B)   Membership. The Board of Zoning Appeals shall consist of five members appointed by the Mayor with the approval of a majority of members elected to Council serving for a term of five years.
   (C)   Officers, duties and general powers.
      (1)   The Board shall elect from among its members, a Chairperson and a Vice-Chairperson. The Board shall adopt rules and regulations not inconsistent with this chapter, as may be necessary to carry into effect the duties, powers and responsibilities conferred herein.
      (2)   The powers, duties and responsibilities of the Board shall be:
         (a)   To hear appeals and decide any issues involving the application of impartial considerations and judgments in regard to decisions made by the Building Department or any other administrative officer on matters relating to this chapter, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits;
         (b)   To hear and decide upon applications for variations from the terms provided in this chapter subject to the standards set forth in division (H) below; and
         (c)   To hear and decide all matters specifically referred to it for decisions in other sections of this chapter.
   (D)   Procedures on appeals.
      (1)   An appeal from any decisions of the Building Department or other officers with regard to an application for a building permit, issuance of a stop order, specific referral or some similar action, may be made to the Board by any person believing himself or herself aggrieved or by any officer of the village affected by any such decision.
      (2)   To be considered, the appellant shall, within 15 days after the date of such decision, file in the office of the Building Department, a notice of appeal specifying the decision or section of this chapter from which the appeal is sought, the error alleged and all necessary data in accordance with the form provided by the village.
   (E)   Meetings and hearings.
      (1)   The Board of Zoning Appeals shall schedule regular monthly, or semi-monthly meetings, which can be cancelled if no appeals are filed. Special hearings can be arranged at the call of the Chairperson.
      (2)   The Board shall act within 30 days after receipt of all required information, and failure to act within such period shall be considered approval of the appeal unless an extension of time is mutually agreed upon. Before making any decisions on an appeal, the Board shall hold a public hearing or hearings, at such time as shall be determined by the Board itself. Notices of the time and place of hearings shall be mailed to the appellant and to the affected property owners as they appear in the current records of the County Auditor or be published for two successive weeks prior thereto, in a newspaper of general circulation in the village.
      (3)   The Board shall hear and decide appeals de novo and shall review or appeal any order, requirement, decision or determination made by the Building Department in the enforcement or application of the chapter. Within its powers, the Board may reverse or affirm, wholly or in part, or modify any such order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made under the circumstances and to that end, shall have all powers of the officer from whose decision the appeal is taken.
      (4)   All hearings conducted by the Board shall be open to the public. Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. The Board shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
   (F)   Quorum and vote.
      (1)   The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of any duly authorized administrative officer.
      (2)   A member of the Board shall not be qualified to vote if he or she has not attended the public hearing, or if he or she has a direct or indirect interest in the issue appealed.
   (G)   Record of decisions. The Board is authorized to engage the services of a secretary, and shall provide a detailed report of all its proceedings, setting forth its reasons for decisions, the vote of each member participating therein and the absence of a member of his or her failure to vote. Immediately following the Board’s decision, such record including conditions prescribed by the Board shall be filed and posted for two weeks in the offices of the Building Department. The report shall be open to public inspection and copies shall be mailed forthwith to each interested party noted therein.
   (H)   Reasons for granting variances. The Board of Zoning Appeals shall have the power, in specific cases, to vary the application of certain provisions of this chapter in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done for the following reasons:
      (1)   Where the literal application of the provisions of this chapter would result in unnecessary hardships peculiar to the property involved and not based on conditions created by the owner: (a theoretical loss or limiting possibilities of economic advantage are general hardships, not unnecessary hardships);
      (2)   Where other exceptional circumstances or conditions such as topographical or geological conditions, or type of adjoining development, are only applicable to the property involved or to the intended use of the property and do not apply to other property within the same zone unless the same exceptional circumstances prevail;
      (3)   Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements to the neighborhood in which the property is located; and
      (4)   That the granting of a variance will not be contrary to the general purpose, intent and objectives of this chapter. When appealing for a variance or modification, the appellant shall state and substantiate his or her claim that each of the four conditions listed above exists, and the Board shall make a finding on each of the four conditions as they apply in each specific case as a prerequisite for the granting of the variance or modification.
   (I)   Lapse of variances. A variance once granted shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of one year, no substantial construction is done in accordance with the terms and conditions for which such variance was granted, the Building Department shall give a notice in writing, and 30 days thereafter, the variance shall be deemed null and void, and all regulations governing said premises in question shall revert to those in effect before the variance was granted.
   (J)   Appeals to Court. A person aggrieved by a decision of said Board may, within 30 days after the filing of such decision, appeal to the Court of Common Pleas of the county. Such appeals may be either on questions of law, or on questions of fact. Any appeal based in whole or in part upon questions of fact shall be conducted de novo, and the appellant shall be entitled to request and have a jury to determine the issues of fact.
(Ord. 656-70, passed 2-16-1970)

§ 155.53 AMENDING PROCEDURES.

   (A)   Initiation of zoning amendments.
      (1)   The Council, either on petition of a property owner, recommendation of the Planning Commission, or on its own initiative, may amend or change the number, shape, area or regulations of or within any zone or district, but no such amendment or change shall become effective unless the proposed amendment or change is first submitted to or considered by the Planning Commission for its approval, disapproval or recommendation.
      (2)   The Commission shall be allowed a reasonable time, to be not less than 30 days after referral or submittal, for consideration and report.
   (B)   Planning Commission action. It shall be the duty of the Secretary of the Planning Commission to forthwith file with the Clerk of Council a report of the action and recommendation of the Commission with respect to any referral or submittal. Failure to file such report within 60 days after referral or the time otherwise provided shall be accepted as and be deemed an approval of the proposed change or amendment submitted.
   (C)   Public hearing.
      (1)   Before any ordinance, measure or regulation amending or changing the number, shape, area or regulations of or within any zone or district may be passed, the Council shall hold a public hearing thereon. It shall publish notice of such hearing in a newspaper of general circulation in the village, adequately describing the nature of the pending legislation, once a week for two consecutive weeks on the same day of the week, the first of such publication to take place not less than 30 days prior to the public hearing.
      (2)   During such 30 days, the text or copy of the text of such ordinance, measure, regulation or proposed change, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure, regulation or proposed change, and the maps, plans, and reports submitted by the Planning Commission, shall be on file for public examination in the officer of the Clerk of Council.
   (D)   Action by Council.
      (1)   No such ordinance, measure, regulation or proposed change, which violates, differs from or departs from the plans or report submitted by the Planning Commission, shall take effect unless passed or approved by not less than two-thirds of the membership of the Council.
      (2)   Any such ordinance, measure or proposed change may be amended by majority vote, prior to the voting thereon by the Council, without further notice or postponement if such amendment shall be germane to the subject matter and does not violate, or differ, or depart from the report of the Planning Commission.
(Ord. 656-70, passed 2-16-1970)

§ 155.99 PENALTY.

   (A)   General penalty.
      (1)   Injunction. No person shall erect, construct, alter or repair or maintain any building or structure, or use any land in violation of this chapter or the regulations enacted pursuant thereto. In the event of any such violation, or imminent threat thereof, upon the request of the Mayor or Council, the Village Solicitor, on behalf of the village, shall institute a suit for injunction to prevent or terminate such violation.
      (2)   Violation of Planning Commission regulation. Whoever willfully violates any rule or regulation adopted by the Council or the Planning Commission shall forfeit and pay not less than $10 nor more than $50 to be recovered with costs in a civil action brought by the Solicitor in the name of the village for the use thereof. Each day such violation shall continue and shall constitute a separate forfeiture.
      (3)   Transfer of common land prohibited. When common land, a street, recreation area, part or other open land has been set aside, with the approval of the Planning Commission for the exclusive use, in common by abutting or other owners or occupants of land, the sale, transfer or change of use of such land or any part thereof is prohibited, unless the Planning Commission has given its prior consent thereto, which shall be confirmed by action of the Council. Whoever willfully violates this division (A)(3) shall forfeit and pay to the village not less than $10 nor more than $50 as determined by the Council. Such sum shall be recovered, with costs, in an action brought by the Solicitor in the name of the village and for the use thereof.
      (4)   Penalties. Any person who shall:
         (a)   Use or occupy any land or place, build, erect, alter, remodel, restore or rebuild thereon any building or structure, or permit any building or structure to remain on such land or use, occupy or operate such building or structure, in any way or for any use or purpose which is not permitted by the provision of this chapter;
         (b)   Aid, assist or participate with any person placing, building, erecting, altering, remodeling, restoring or rebuilding any building or structure which is not permitted by the provisions of this chapter;
         (c)   Violate or fail to perform any condition, stipulation or safeguard set forth in any permit issued pursuant to this chapter, or continue to use or occupy the premises or building as previously authorized by such permit beyond the duration limit therein stated;
         (d)   Refuse to permit the Building Department or his or her assistant to enter any premises in the village to investigate a reported violation of the provisions of this chapter;
         (e)   Knowingly make any materially false statement of fact in an application to the Building Department or his or her assistants for a permit or in any plans or specifications submitted in relation to any application under this chapter; or
         (f)   Being an owner or lessee of any premises, knowingly suffer or permit a violation of this chapter to occur or exist on such premises shall be guilty of a misdemeanor by each such action or omission and upon conviction thereof shall be fined not less than $10 nor more than $50. Each day during which such act, violation or omission shall be done, committed, omitted or continued shall constitute a separate offense.
   (B)   Parking of vehicles. Whoever violates § 155.30(L) shall be fined not more than $100, or imprisoned for not more than ten days, or both.
(Ord. 656-70, passed 2-16-1970; Ord. 797-80, passed 8-18-1980)