The authority for administration of this title is hereby vested in the: a) the zoning officer and b) the joint zoning and planning board. The joint zoning and planning board may also be designated as the "zoning board" in this title. The zoning officer shall have the authority and responsibility as set forth in this title, subject to the authority of the zoning board and the limitations set forth in this title. (Ord. 2004-16, 9-7-2004)

   (A)   The zoning officer shall be appointed by the village president with the concurrence of the village board. The zoning officer may be provided with assistance by other persons as the village board may direct.

   (B)   The zoning officer shall administer and enforce this title and shall carry out and perform duties as follows:

      1.   Issue zoning use permits and zoning compliance certificates, which shall not be issued except where the provisions of this title have been complied with, and shall maintain records of permits and certificates so issued;

      2.   Conduct inspections to determine if buildings, structures, and use of land are in compliance with this title;

      3.   Investigate alleged violations of this title;

      4.   Inform persons or entities in violation of this title of the provisions and requirements of this title with which they are in noncompliance and the available remedies;

      5.   Notify the chairperson of the village's ordinance committee regarding persons or entities in violation of this title regarding the initiation of proceedings against such persons or entities as permitted under this title and the Illinois municipal code;

      6.   Maintain permanent and current records of this title, including (but not limited to) all maps, amendments, special uses, variations, appeals, zoning use permits, zoning compliance certificates, and applications and supporting documents therefor, maintaining all such records as public records in cooperation with the village clerk;

      7.   Maintain the necessary forms and application packets for permits, amendments, special uses, variations, appeals, and other matters required to be acted upon by the zoning officer, zoning board, or village board;

      8.   Receive, file, and forward to the zoning board all applications for amendments, special uses, variations, and appeals, such applications and supporting materials to be provided to each zoning board member at least seven (7) days prior to the zoning board meeting when the application will be considered;

      9.   Schedule any public hearings on applications for amendments, special uses, variations, and appeals requiring review by the zoning board, including providing assistance to a petitioner with arranging for proper public notice of a public hearing by publication and to all property owners located within two hundred fifty feet (250') of the subject property when required under this title;

      10.   Collect fees for zoning use permits and for amendments, special uses, variations, and appeals, and any other fees authorized by this title, promptly providing such fees to the village collector for proper deposit in a village account;

      11.   Annually review, on or about the conclusion of each fiscal year for the village, all special use permits to determine any noncompliance with the conditions under which the special use was issued; notify such property owners of need to renew their special use permit and to pay the permit renewal fee; and present all renewal applications, with a recommendation to approve or disapprove, to the zoning board for review and action at the zoning board's first meeting every May;

      12.   Provide monthly reports to the zoning board indicating all activities occurring during the previous month, including the number of zoning use permits issued, the number of zoning compliance certificates issued, a list and the number of persons applying for a variance, special use, or zoning change, the amount of fees collected, and any other matters handled by the zoning officer during the previous month; and

      13.   Initiate, direct, and review from time to time a study of the provisions of this title and make recommendations to the zoning board and the village board as such study requires.

   (C)   The zoning officer, at the direction of the zoning board and the village engineer shall condemn and order closed any building or structure that, in the opinion of the village engineer, is no longer safe for occupancy or use. (Ord. 2004-16, 9-7-2004)

   (A)   When Zoning Use Permit Required: A zoning use permit shall be obtained from the zoning officer, by the owner, lessee, or other person having the contractual right to become the owner or lessee or who otherwise has an exclusive right to possession, or the authorized agent of such person, of any property or structure before commencing:

      1.   To establish, occupy, or change the use of a structure or land either by itself or in addition to other uses;

      2.   To construct or erect a new structure or part thereof;

      3.   To extend, or move any structure or part thereof;

      4.   To excavate for the construction, alteration, or extension of any structure; or

      5.   To change a nonconforming use to a special use; provided, however, that this chapter shall not apply to those persons, nor property, structures or uses, exempted from the regulations of this title, except to the extent specifically provided hereinafter.

   (B)   Application For Zoning Use Permit: Applications for zoning use permits shall be filed in the office of the zoning officer on forms prescribed by him. Such applications shall:

      1.   State the location, street number, lot, block and/or tract comprising the legal description of the property;

      2.   State the name and address of the owner, the applicant, if different from the owner, and the contractor, if known;

      3.   State the estimated costs;

      4.   Describe the uses to be established or expanded;

      5.   Be accompanied by a plan in duplicate, or duplicate prints thereof, drawn approximately to scale, showing the:

         (a)   Actual dimensions of the lot to be built upon;

         (b)   Size, shape and location of the use to be established or the structure to be constructed;

         (c)   Size, shape and location of all existing structures and uses located on the lot;

         (d)   Minimum floor elevations and highest known flood level, where applicable;

         (e)   Ingress and egress;

         (f)   Off street parking spaces and loading berths;

         (g)   Water supply and sewage disposal facilities, including a true and correct copy of any permit;

         (h)   Other information as may be necessary to provide for the proper administration and enforcement of this title; and

      6.   Include any accessory structure or use established or constructed at the same time the main or principal use is established or constructed.

   (C)   Issuance Of Zoning Use Permit:

      1.   If the zoning officer determines that an application for zoning use permit and the use applied for conform to the applicable regulations and standards of this title, the zoning officer shall issue a zoning use permit. A zoning use permit issued in error or lacking conformity to the applicable regulations and standards of this title shall be null and void from the date of issuance. An applicant issued a zoning use permit in error or lacking the required conformity may be required to discontinue the use or may seek a variance, special use, or zoning amendment under the provisions of this title.

      2.   Each zoning use permit for a main or principal structure, or main or principal use, shall also cover any accessory structure or accessory use established or constructed at the same time on the same lot or tract of land.

      3.   The zoning officer shall issue an original and a duplicate copy of the zoning use permit to the applicant and shall retain another duplicate copy for his records. The applicant's duplicate copy shall be posted in plain sight on the premises for which it is issued until the zoning compliance certificate has been issued.

   (D)   Expiration Of Zoning Use Permit:

      1.   If the work described on any zoning use permit shall not have begun within one hundred twenty (120) days from the issuance thereof, said permit shall expire and be canceled by the zoning officer and written notice thereof shall be given to the applicant.

      2.   If the work described on any zoning use permit shall have begun within one hundred twenty (120) days but shall not have been substantially completed within three hundred sixty five (365) consecutive days from the issuance thereof, said permit shall automatically expire. The zoning officer shall provide written notice to the applicant of the expiration together with notice that further work as described on the canceled permit shall not proceed until a new permit shall have been issued; provided, however, that for commercial and industrial buildings, the permit shall extend for such period as set forth in the application for the zoning use permit as the time necessary to complete the building up to a maximum of two (2) years. Any delay in providing any notice under this provision shall not extend the expiration date of the zoning use permit.

      3.   If a new zoning use permit is issued granting additional time for completion of the work, such new permit may require, at the discretion of the zoning board, a limitation on time allowed for the completion of the work and a performance bond to insure completion within the time set. Such new permit shall not, in any case, be valid after three hundred sixty five (365) consecutive days from the date of issuance thereof.

      4.   A zoning use permit issued for the establishment of the use of land where no structure is involved, or on which land a structure is accessory to the main or principal use, such main or principal use not involving any structure, shall not expire. The land so used shall be inspected by the zoning officer at one year intervals from the date of issuance of such permit to ensure compliance with the regulations and standards of this title. (Ord. 2004-16, 9-7-2004)

   (A)   After the proper and valid issuance of a zoning use permit, no land shall be occupied or used and no building hereafter erected, altered, or extended shall be used or changed in use until a zoning compliance certificate shall have been issued by the zoning officer.

   (B)   All zoning compliance certificates shall be applied for coincident with the application for a zoning use permit, which may be accomplished by use of a uniform application form approved by the zoning board, and said certificate shall be issued within three (3) days after the erection or alteration shall have been approved by the zoning officer. The applicant shall notify the zoning officer when the building, structure, or land is ready for occupation or use as set forth in application form.

   (C)   Zoning compliance certificates for the use of vacant land shall be applied for, along with the application for a zoning use permit, before any such land shall be occupied or used, and a zoning compliance certificate shall be issued within three (3) days after the application has been made, provided such use is in conformity with the provisions of this title.

   (D)   The zoning officer shall maintain a record of all certificates and copies shall be furnished upon request to any person having proprietary or tenancy interest in the building affected.

   (E)   No zoning use permit for excavation for, or the erection of, or alterations or repairs to any building shall be issued until an application has been made for a zoning compliance certificate. (Ord. 2004-16, 9-7-2004)

   (A)   The following fees shall be charged for the processing of applications and the issuance of zoning use permits, which shall be collected by the zoning officer, and the zoning officer shall be accountable to the village for such fees and shall promptly provide such collected fees to the village collector for proper deposit in a village account:

 

   (B)   If construction or such other action covered by this section is initiated without first obtaining the applicable permit and paying the applicable fee to the village as provided in this section, the fee shall be double that set forth in subsection (A) of this section.

   (C)   There shall be no refund of any zoning use permit fees paid hereunder except that on written application the village board may refund, at its discretion, a portion of the fee which the village board determines exceeds the cost of zoning administration; provided, that the work authorized by such zoning use permit is completed within the original time limit.

   (D)   No additional fee shall be charged for a permit renewal unless there is a change in the plans, in which case the application shall be filed as a new application with the proper fee. (Ord. 2013-09, 11-18-2013)

The zoning board, after public hearing and after following the procedures set forth in this section, may grant a variance to the regulations and standards of this title relating to the construction or alteration of structures when in harmony with the general purposes and intent of this title only in the specific situations set forth in this section. In doing so, the zoning board shall make written findings of fact in accordance with the guidelines prescribed in this section and must find that practical difficulties or particular hardships exist which prevent compliance with the strict letter of the regulations or standards of this title.

   (A)   Submission Of Application/Notice Of Hearing: An application for a variance may be filed by any person having a freehold interest in a parcel of property, or a possessory interest entitled to exclusive possession (with the concurrence of the person holding the freehold interest), or a contractual interest which may become a freehold interest, or an exclusive possessory interest which is otherwise specifically enforceable.

An applicant must submit a variance application with all necessary supporting documentation, including a map or diagram with measurements and specifications, to the zoning officer at least twenty one (21) days prior to the zoning board meeting at which the application will be considered by the zoning board. The applicant must also submit payment of any required fees or costs with the application.

The variance application form shall be available at the village hall during regular business hours or from the zoning officer. The variance application shall be in a form as established by the zoning board. The zoning officer shall provide a copy of the application and supporting materials to each zoning board member at least seven (7) days prior to the zoning board meeting when the application will be considered.

Upon receipt of a variance application, the zoning officer shall set the public hearing on the application on the agenda for the next appropriate zoning board meeting. The zoning officer shall assist the applicant in causing notice of the hearing to be published at least once, not more than thirty (30) days and not less than fifteen (15) days before the hearing, in the "Woodford County Journal", Roanoke-Benson edition, which is circulated in the village of Roanoke. The notice shall set forth the date, time, and place of this hearing, and shall include a description of the particular location for requested variance and a brief statement describing the requested variance. The applicant shall pay the publication cost for this notice in addition to the variance application fee.

If the subject property is located in an R-1 or R-2 residential district, the applicant shall additionally provide notice of the public hearing to all property owners located adjacent and contiguous to the subject property for which the variance is being requested, which shall include property sharing a common corner with the subject property and property only separated from the subject property by a road, street, or alley that is otherwise adjacent and contiguous to or shares a common corner with the subject property, and to all other property owners located within fifty feet (50') of the subject property for which the variance is being requested. If the subject property is located in any other zoning district, the applicant shall provide notice of the public hearing to all property owners located within two hundred fifty feet (250') of the subject property for which the variance is being requested. This notice shall be personally served on said property owner. If personal service cannot be made on a particular property owner, this notice may be mailed to the property owner by certified mail, return receipt requested.

If an applicant or other interested party requests a special meeting of the zoning board to review a variance application or to hold a public hearing thereon, then the cost of said special meeting shall be paid by such requesting person. This cost shall include the salary of each zoning board member and the zoning officer for attending the special meeting.

   (B)   Permitted Uses Of Adjacent Property: Neither the nonconforming or special use of, or a variance granted for, neighboring lands or structures in the same district or the permitted use of lands or structures in other districts shall be considered as justification or grounds by the zoning board for the issuance of a variance. As such, these other nonconforming or special uses, variances, or permitted uses shall not establish a precedent for granting a future or similar variance.

   (C)   Standards For Variances: The zoning board shall not grant a variance pursuant to this section unless, based upon all the records and evidence, all the following conditions have been met:

      1.   Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

      2.   The conditions upon which an application for a variance is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification;

      3.   The alleged difficulty or hardship caused by this title has not been created by any persons presently having an interest in the property;

      4.   The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;

      5.   The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public street, or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood; and

      6.   The granting of the variance is in harmony with the general purposes and intent of this title, and will not be in conflict with the village's comprehensive plans for development.

   (D)   Authorized Variances: A variance from the regulations and requirements of this title shall be granted by the zoning board only in accordance with the standards established in this section and may be granted only in the following instances as set forth below:

      1.   To permit any yard, setback, or open space requirement that is less than the applicable yard, setback, or open space requirement;

      2.   To permit the use of a lot or adjacent lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width (e.g., the minimum lot size in an R-1 residential district is 6,000 square feet in order for a building to be constructed on such lot; thus, under this provision, as long as the lot size is 5,400 square feet or more (90 percent of 6,000), a variance would be permissible);

      3.   To reduce the applicable off street parking or loading requirements for a specific use whenever the character or use of the structure or property is such that it is unnecessary for the full provision of the parking or loading facilities;

      4.   To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served;

      5.   To increase the width of driveway or curb cuts in manufacturing districts with respect to access to parking or loading facilities;

      6.   To permit more than one driveway per residential lot;

      7.   To permit the variance in number, size (excluding height), or location of an accessory use, accessory area, or an accessory building or structure; and

      8.   To permit a variance in sign regulations where, due to the unique conditions or nature of the property on which the sign is to be placed, the regulations would be inappropriate, except such variance in the sign regulations shall not be permitted in residential districts.

      9.   To permit a nonconforming building to be structurally altered or reconstructed within its boundary walls to an extent exceeding, in aggregate cost, twenty five percent (25%) of its fair market value including land value.

      10.   To permit variance of the regulations pertaining to television discs or satellite antenna dishes.

   (E)   Hearing Procedures:

      1.   The chairman (or acting chairman) of the zoning board shall announce the public hearing on the variance.

      2.   A summary of the variance request shall be provided to the zoning board and the public by the chairman of the zoning board or his designee, which shall include whether proof of publication of the notice for the hearing has been provided and a brief description of both the property and the requested variance.

      3.   The applicant for the variance shall then be permitted to describe the requested variance and provide any evidence, including testimony of witnesses, to support the variance request.

      4.   At the conclusion of the presentation of the variance request by the applicant, the chairman shall allow public comment, including evidence and testimony from any opposition to the variance request. Furthermore, any parties opposing the variance request shall be allowed to cross examine any testimony provided by the applicant, and the applicant may likewise cross examine any testimony provided by the opposing party. The chairman may limit opposing parties to one or more representatives during the hearing when appropriate for the proper and efficient conduct of the meeting.

      5.   During the presentation of evidence and comment in support of or against the variance request, the chairman may allow zoning board members to also ask questions or make comment as the chairman determines to be appropriate.

      6.   At the conclusion of the presentation of evidence and comment in support of or against the variance request, the chairman shall allow the zoning board to further discuss and deliberate on the decision to grant or deny the variance request.

      7.   The chairman, or the acting chairman, of the zoning board shall administer oaths to all witnesses testifying at the hearing and may compel attendance of witnesses at the hearing.

      8.   The zoning board may only grant a variance request upon the concurring vote of a majority of the zoning board members present provided a quorum exists to conduct the hearing.

   (F)   Variance Request Approval: The zoning board may grant a variance contingent upon the acceptance of certain conditions or restrictions as imposed by the zoning board to protect neighboring property or carry out the general purposes and intent of this title. These conditions or restrictions shall be set forth in writing along with the zoning board's finding of fact for the variance application.

If a variance request has been approved by the zoning board pursuant to this section, the person who made the variance request must begin construction, or cause construction to begin, on the project within one hundred twenty (120) days of the date when the variance request was granted by the zoning board. Failure to comply with this one hundred twenty (120) day requirement for any reason shall result in automatic revocation of the variance. If a variance is revoked, the person making the variance request must submit a new application and pay all related fees in order to gain further approval of the variance request. The approval of the initial variance request shall have no effect and shall be no guarantee of approval of a subsequent similar variance request. (Ord. 2004-16, 9-7-2004)

The regulations and standards, classifications, restrictions, and district boundaries set forth in this title may from time to time be amended, supplemented, changed, or repealed by ordinance as provided by law. No such action may be taken unless and until:

   (A)   Submission Of Application/Notice Of Hearing: A written application is submitted to the zoning board. Such application may be initiated by the village board, zoning board, or any person, firm, organization, partnership, or corporation having a freehold interest in a parcel of property, or a possessory interest entitled to exclusive possession (with the concurrence of the person holding the freehold interest), or a contractual interest which may become a freehold interest, or an exclusive possessory interest which is otherwise specifically enforceable. When a land trust is proposing such amendment, the application must set forth the names of owners of all benefiting interests in the land trust.

Each application shall be submitted with all necessary supporting documentation, including a map or diagram with measurements and specifications when appropriate, to the zoning officer at least twenty one (21) days prior to the zoning board meeting at which the application will be considered by the zoning board. Further, such application must be accompanied by the applicable fees and costs, except when the application is initiated by the village board or the zoning board.

The zoning amendment application form shall be available at the village hall during regular business hours or from the zoning officer. The zoning amendment application shall be in a form as established by the zoning board. The zoning officer shall provide a copy of the application and supporting materials to each zoning board member at least seven (7) days prior to the zoning board meeting when the application will be considered.

Upon receipt of the application, the zoning officer shall set the public hearing on the application on the agenda for the next appropriate zoning board meeting. The zoning officer shall assist the applicant in causing notice of the hearing to be published at least once, not more than thirty (30) days and not less than fifteen (15) days before the hearing, in the "Woodford County Journal", Roanoke-Benson edition, which is circulated in the village of Roanoke. The notice shall set forth the date, time, and place of this hearing, and shall include a description of the amendment and the location of the property when applicable. The applicant shall pay the publication cost for this notice.

If the applicant seeks a change in the zoning map or the zoning classification for a specific parcel of property, the applicant shall additionally provide notice of the public hearing to all property owners located within two hundred fifty feet (250') of the subject property for which the amendment is being requested. This notice shall be personally served on said property owner. If personal service cannot be made on a particular property owner, this notice may be mailed to the property owner by certified mail, return receipt requested.

If an applicant or other interested party requests a special meeting of the zoning board to review an application for a zoning amendment or to hold a public hearing thereon, then the cost of said special meeting shall be paid by such requesting person except when such applicant is the village board or zoning board. This cost shall include the salary of each zoning board member and the zoning officer for attending the special meeting.

   (B)   Hearing Procedures:

      1.   The chairman (or acting chairman) of the zoning board shall announce the public hearing on the proposed zoning amendment.

      2.   A summary of the zoning amendment shall be provided to the zoning board and the public by the chairman of the zoning board or his designee, which shall include whether proof of publication of the notice for the hearing has been provided and a brief description of the proposed zoning amendment and the property if a change in the zoning map or the zoning classification is being requested.

      3.   The applicant for the zoning amendment shall then be permitted to describe the requested zoning amendment and provide any evidence, including testimony of witnesses, to support the proposed zoning amendment.

      4.   At the conclusion of the presentation of the proposed zoning amendment by the applicant, the chairman shall allow public comment, including evidence and testimony from any opposition to the zoning amendment. Furthermore, any parties opposing the proposed zoning amendment shall be allowed to cross examine any testimony provided by the applicant, and the applicant may likewise cross examine any testimony provided by the opposing party. The chairman may limit opposing parties to one or more representatives during the hearing when appropriate for the proper and efficient conduct of the meeting.

      5.   During the presentation of evidence and comment in support of or against the proposed zoning amendment, the chairman may allow zoning board members to also ask questions or make comment as the chairman determines to be appropriate.

      6.   At the conclusion of the presentation of evidence and comment in support of or against the proposed zoning amendment, the chairman shall allow the zoning board to further discuss and deliberate on the decision to recommend approval or disapproval of the zoning amendment.

      7.   The chairman, or the acting chairman, of the zoning board shall administer oaths to all witnesses testifying at the hearing and may compel attendance of witnesses at the hearing.

      8.   The zoning board may, by majority vote, postpone or adjourn from time to time any public hearing on the application for zoning amendment. In the event of such postponement or adjournment, further publication of such action need not be made. Furthermore, if the zoning board does postpone or adjourn the public hearing, no additional costs shall be assessed against the applicant or other interested party for any subsequent meetings.

   (C)   Zoning Board Action: The zoning board shall make a report to the village board on the application for zoning amendment and the public hearing held to review the proposed zoning amendment. The zoning board shall make a recommendation to the village board on the special use request upon the concurring vote of a majority of the zoning board members present provided a quorum exists to conduct the hearing. Within thirty (30) days after the close of the public hearing on an application for zoning amendment, the zoning board shall make their report and recommendation to the village board. The zoning board may make revisions to the zoning amendment in order to protect the neighboring properties or the public health, safety, and welfare, or to otherwise carry out the general purposes and intent of this title.

   (D)   Village Board Action:

      1.   Zoning Board Report: The village board shall not act upon an application for zoning amendment until the village board has received the written report and recommendation from the zoning board.

      2.   Evaluation Of Zoning Amendment Application: As provided herein, the village board shall not be bound by the findings or recommendations of the zoning board. Accordingly, the village board may make findings of fact different from the zoning board's findings based upon the evidence received at the public hearing in front of the zoning board. Also, the village board may further discuss the positions of the applicant and any opposing parties with these parties during their evaluation of the application for zoning amendment.

      3.   Adoption Of Recommendation: The village board may adopt the recommendation of the zoning board on a proposed zoning amendment upon the concurring vote of a majority of all village board members. However, the village board can only take action that is adverse to the zoning board's recommendation on a proposed zoning amendment by a favorable vote of two-thirds (2/3) of all village board members.

      4.   Approval Of Revisions To Zoning Amendment: The village board may approve revisions to the proposed zoning amendment in order to protect the neighboring properties or the public health, safety, and welfare, or to otherwise carry out the general purposes and intent of this title.

      5.   Written Protest Or Opposition To Zoning Amendment: If a written protest or petition against any proposed change in the zoning map or the zoning classification for a specific parcel of property zoning amendment is:

         (a)   Signed and acknowledged by the owners of twenty percent (20%) of the frontage to the subject parcel; or

         (b)   Signed and acknowledged by the owners of twenty percent (20%) of the frontage to the subject parcel immediately adjoining or across an alley from the frontage; or

         (c)   Signed and acknowledged by the owners of twenty percent (20%) of the frontage to the subject parcel directly opposite from the frontage;

and properly filed with the village clerk pursuant to this section, the proposed zoning amendment shall not be approved except by the favorable vote of two-thirds (2/3) of all village board members. In order to properly file a written protest or opposing petition, a person must submit the written protest or opposing petition to the zoning officer prior to the public hearing being held by the zoning board to review of the application for zoning amendment, with a copy also being provided to the village clerk at that time. This provision shall supersede any other voting requirements established by this chapter. (Ord. 2004-16, 9-7-2004)

   (A)   If any court of competent jurisdiction shall declare invalid the application of any provision of this title to a particular property, structure, or land, such ruling shall not affect the application of said provision to any other property, structure, or land not specifically included in said ruling.

   (B)   Should any section, clause, or provision of this title be declared invalid by any court of competent jurisdiction, such judgment shall not affect the validity of this title as a whole, or any part thereof, other than the part so declared to be invalid. (Ord. 2004-16, 9-7-2004)

   (A)   Whenever a violation of this title occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis thereof and shall be filed with the zoning officer. The zoning officer shall record properly such complaint, immediately investigate, and take action thereon as provided by this title. The zoning officer shall further report any continued violations of this title to the chairperson of the village's ordinance committee.

   (B)   In case any structure is erected, constructed, reconstructed, altered, converted or any structure or land is used in violation of this title the proper authorities of the village, or any owner or tenant of real property in the same contiguous district as the structure or land in question, in addition to other remedies, may institute an appropriate action or proceeding in any court of competent jurisdiction:

      1.   To prevent the unlawful construction, reconstruction, alteration, conversion, maintenance, or use of a structure, land, or premises;

      2.   To prevent the occupancy of the structure, land, or premises;

      3.   To prevent any illegal act, conduct, business or use in or about such structure, land, or premises;

      4.   To restrain, correct, or abate the violation.

   (C)   Any person, or any agent, employee, or contractor of such person, who shall violate, disobey, omit, neglect, or refuse to comply with, or who shall resist enforcement of any of the provisions of this title shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each offense or to a penalty as provided for by section 1-4-13 of this code. The chairperson of the village's ordinance committee shall be permitted to issue administrative citations for violations of this title under section 1-4-13 of this code. Each day a violation is permitted to exist shall constitute a separate offense.

   (D)   Nothing herein contained shall prevent the village from taking such lawful action as is necessary to prevent or remedy any violation of this title. (Ord. 2004-16, 9-7-2004)