- VIOLATIONS, PENALTIES, AND ENFORCEMENT
The provisions of these regulations shall be enforced by the Zoning Administrator, who shall, upon due investigation, determine whether a violation of this chapter exists. In the event the Zoning Administrator determines that a violation of this chapter exists, he shall provide written notice of the violation to the owner.
(Res. of 7-12-12)
Failure to comply with the requirements of this chapter, including the terms or conditions of any permit, special use or variance granted under these regulations, shall be deemed to be a violation of this chapter and shall be subject to the remedies and penalties provided herein.
1.
In the event that any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or that any building, structure, or land is used in violation of these regulations, the Zoning Administrator, or other proper authority of the County, or any person whose value or use of property is or may be affected by such violation, in addition to other remedies, may institute any appropriate action or proceeding in the circuit court:
a.
To prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of the building, structure, or land;
b.
To prevent the occupancy of the building, structure, or land;
c.
To prevent any illegal act, conduct, business, or use in or about the premises;
d.
To restrain, correct or abate the violation;
2.
With the exception of Sections 3.10 ("Floodplain Development Permit"), 3.11 ("Swimming Pool Permits"), 3.12 ("General Erosion and Sediment Control Permits"), 3.13 ("Erosion, Sediment, and Stormwater Control Permits), 3.14 ("Subdivision"), 3.15 ("Subdivision Waivers and Appeals"), 3.16 ("Plat Approval"), 7.13 ("Erosion, Sediment, and Stormwater Control"), 7.14 ("Floodplain Regulations"), 7.15 ("Swimming Pools"), 7.16 ("Vehicle Races and Stunts"), Article 8, Subdivisions, the Zoning Administrator may institute proceedings with the Code Hearing Unit, as provided in Chapter 2, Article V, of the Peoria County Code, for violations of this chapter.
3.
In addition to other remedies provided by these regulations and other applicable laws, the Zoning Administrator shall, when a violation has been determined to exist:
a.
Refrain from issuing any subsequent development approvals for the developer until the violation has been corrected; and
b.
Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.
c.
For a violation of Sections 3.10 ("Floodplain Development Permit") and 7.14 ("Floodplain Regulations"), inform the owner that any such violation is considered a willful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended. Any person found in violation of the provision of Sections 3.10 ("Floodplain Development Permit") and 7.14 ("Floodplain Regulations") may be enjoined from continuing the violation.
d.
Whenever a pool violating the terms of Section 7.15 ("Swimming Pools") constitutes a menace to public safety, the Zoning Administrator shall have the power to require that such a pool be drained to a level not to exceed eighteen (18) inches until such time as the same is in the opinion of the Zoning Administrator no longer a menace or hazard to the health and safety of the public.
4.
Nothing herein shall prevent the County from taking other lawful action to prevent or remedy any violations of this chapter. All costs connected therewith shall accrue to the person or persons responsible.
(Res. of 7-12-12)
1.
Fines. Unless otherwise provided, the violation of the terms of these regulations is hereby declared to be a petty offense, punishable by a fine not to exceed five hundred dollars ($500.00) for each offense. Each week that a violation is permitted to exist shall constitute a separate offense. Fines may be imposed by the Code Hearing Unit, as provided in Chapter 2, Article V, of the Peoria County Code or by the circuit court upon the prosecution of any violation of the terms of this chapter.
a.
The violation of any of the terms of Section 7.13, ("Erosion, Sediment, and Stormwater Control"), shall constitute an offense punishable by a fine not to exceed five hundred dollars ($500.00), with each day the violation remains uncorrected constituting a separate offense. Such fine is in addition to any other remedy provided by law.
b.
Whoever shall be convicted of violating the provisions of Article 8, Subdivisions, Section 3.14 ("Subdivision"), Section 3.15 ("Subdivision Waivers and Appeals"), and Section 3.16 (Plat Approval") shall be fined not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00) for each violation, and each separate day or part thereof that such violations continue shall be deemed to be a separate offense.
c.
The violation of the terms of Section 7.15, ("Swimming Pools") shall constitute an offense punishable by a fine not to exceed one thousand dollars ($1,000.00) for each violation. Each week the violation remains uncorrected constitutes a separate offense.
d.
The violation of the terms of Section 7.16 ("Vehicle Races and Stunts") shall constitute an offense punishable by a fine not to exceed one thousand dollars ($1,000.00) for each violation. Each day the violation remains uncorrected constitutes a separate offense.
2.
Costs. All costs connected with any remedies or enforcement proceedings shall accrue to the person or persons responsible for the violation. Code Hearing Unit violations are subject to additional court costs of one hundred fifty dollars ($150.00) per hearing plus recording costs.
- VIOLATIONS, PENALTIES, AND ENFORCEMENT
The provisions of these regulations shall be enforced by the Zoning Administrator, who shall, upon due investigation, determine whether a violation of this chapter exists. In the event the Zoning Administrator determines that a violation of this chapter exists, he shall provide written notice of the violation to the owner.
(Res. of 7-12-12)
Failure to comply with the requirements of this chapter, including the terms or conditions of any permit, special use or variance granted under these regulations, shall be deemed to be a violation of this chapter and shall be subject to the remedies and penalties provided herein.
1.
In the event that any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or that any building, structure, or land is used in violation of these regulations, the Zoning Administrator, or other proper authority of the County, or any person whose value or use of property is or may be affected by such violation, in addition to other remedies, may institute any appropriate action or proceeding in the circuit court:
a.
To prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of the building, structure, or land;
b.
To prevent the occupancy of the building, structure, or land;
c.
To prevent any illegal act, conduct, business, or use in or about the premises;
d.
To restrain, correct or abate the violation;
2.
With the exception of Sections 3.10 ("Floodplain Development Permit"), 3.11 ("Swimming Pool Permits"), 3.12 ("General Erosion and Sediment Control Permits"), 3.13 ("Erosion, Sediment, and Stormwater Control Permits), 3.14 ("Subdivision"), 3.15 ("Subdivision Waivers and Appeals"), 3.16 ("Plat Approval"), 7.13 ("Erosion, Sediment, and Stormwater Control"), 7.14 ("Floodplain Regulations"), 7.15 ("Swimming Pools"), 7.16 ("Vehicle Races and Stunts"), Article 8, Subdivisions, the Zoning Administrator may institute proceedings with the Code Hearing Unit, as provided in Chapter 2, Article V, of the Peoria County Code, for violations of this chapter.
3.
In addition to other remedies provided by these regulations and other applicable laws, the Zoning Administrator shall, when a violation has been determined to exist:
a.
Refrain from issuing any subsequent development approvals for the developer until the violation has been corrected; and
b.
Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.
c.
For a violation of Sections 3.10 ("Floodplain Development Permit") and 7.14 ("Floodplain Regulations"), inform the owner that any such violation is considered a willful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended. Any person found in violation of the provision of Sections 3.10 ("Floodplain Development Permit") and 7.14 ("Floodplain Regulations") may be enjoined from continuing the violation.
d.
Whenever a pool violating the terms of Section 7.15 ("Swimming Pools") constitutes a menace to public safety, the Zoning Administrator shall have the power to require that such a pool be drained to a level not to exceed eighteen (18) inches until such time as the same is in the opinion of the Zoning Administrator no longer a menace or hazard to the health and safety of the public.
4.
Nothing herein shall prevent the County from taking other lawful action to prevent or remedy any violations of this chapter. All costs connected therewith shall accrue to the person or persons responsible.
(Res. of 7-12-12)
1.
Fines. Unless otherwise provided, the violation of the terms of these regulations is hereby declared to be a petty offense, punishable by a fine not to exceed five hundred dollars ($500.00) for each offense. Each week that a violation is permitted to exist shall constitute a separate offense. Fines may be imposed by the Code Hearing Unit, as provided in Chapter 2, Article V, of the Peoria County Code or by the circuit court upon the prosecution of any violation of the terms of this chapter.
a.
The violation of any of the terms of Section 7.13, ("Erosion, Sediment, and Stormwater Control"), shall constitute an offense punishable by a fine not to exceed five hundred dollars ($500.00), with each day the violation remains uncorrected constituting a separate offense. Such fine is in addition to any other remedy provided by law.
b.
Whoever shall be convicted of violating the provisions of Article 8, Subdivisions, Section 3.14 ("Subdivision"), Section 3.15 ("Subdivision Waivers and Appeals"), and Section 3.16 (Plat Approval") shall be fined not less than twenty-five dollars ($25.00), nor more than five hundred dollars ($500.00) for each violation, and each separate day or part thereof that such violations continue shall be deemed to be a separate offense.
c.
The violation of the terms of Section 7.15, ("Swimming Pools") shall constitute an offense punishable by a fine not to exceed one thousand dollars ($1,000.00) for each violation. Each week the violation remains uncorrected constitutes a separate offense.
d.
The violation of the terms of Section 7.16 ("Vehicle Races and Stunts") shall constitute an offense punishable by a fine not to exceed one thousand dollars ($1,000.00) for each violation. Each day the violation remains uncorrected constitutes a separate offense.
2.
Costs. All costs connected with any remedies or enforcement proceedings shall accrue to the person or persons responsible for the violation. Code Hearing Unit violations are subject to additional court costs of one hundred fifty dollars ($150.00) per hearing plus recording costs.