Sheffield City Zoning Code
CHAPTER 1127
Enforcement and Penalties
1127.01 ENFORCEMENT BY THE ZONING ADMINISTRATOR.
(a) The Zoning Administrator is hereby designated as the enforcing officer of this code.
(b) The Zoning Administrator is hereby authorized to enforce as well as issue orders to prevent and stop violations of the provisions of this code.
(c) The Zoning Administrator may request and shall receive, so far as may be necessary for the discharge of their duties, the assistance of the Village Administrator, the Village Engineer in fixing grades, the Chief of Police in enforcing orders, of the Law Director in the prosecution of violations and of other Village officials. In addition, the Zoning Administrator may delegate, at his/her discretion, the administration of this code and the building permit process to other Village officials. (Ord. 2879. Passed 10-23-23.)
1127.02 RECORDS.
The Zoning Administrator shall keep careful and comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered, and notices or orders issued. They shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours but shall not be removed from the office of the Zoning Administrator. (Ord. 2879. Passed 10-23-23.)
1127.03 CONSTRUCTION AND USE SHALL BE AS APPROVED.
(a) Building permits or authorizations to proceed following zoning compliance review issued by the Village Administrator on the basis of approved plans and applications authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto.
(b) Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this code. (Ord. 2879. Passed 10-23-23.)
1127.04 VIOLATIONS.
(a) It shall be unlawful to:
(1) Use or occupy any land or place; build, erect, alter, remodel, restore, or rebuild thereon any building or structure; 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 provisions of this code;
(2) Use or occupy any parcel of land; use or occupy a new building; or enlarge, substitute, or otherwise change the use, occupancy, or configuration of any land or building, without having received a building permit or authorization to proceed following zoning compliance review, site plan approval, conditional use approval, subdivision plat approval, or other required approvals indicating compliance with the provisions of this code;
(3) Violate or fail to perform any condition, stipulation, or safeguard set forth in any certificate issued pursuant to this code or continue to use or occupy the premises or building as previously authorized by such certificate beyond the duration limit therein stated;
(4) Continue construction, renovation, or improvements contrary to a stop work order or notice of violation;
(5) Knowingly make any materially false statement of fact in an application to the Village Administrator for any approvals required by this code;
(6) Subdivide land in a manner contrary to the standards and regulations contained in this code; or
(7) Sell land that has not been subdivided in accordance with the regulations in this code.
(b) Each day's continuation of a violation of this section may be deemed a separate offense.
(c) Complaints. Any citizen may file a written complaint with the Zoning Administrator to report an alleged violation of this code. Such written complaint shall fully state the causes and basis of such complaint.
(d) Inspection. The Zoning Administrator shall inspect any building erected, altered, moved, razed, or converted, or any use of land or premises carried on in alleged violation of any of the provisions of this Planning and Zoning Code and shall, in writing, order correction of all conditions which are found to be in violation of this code.
(e) Order for Discontinuance and Removal of Violation. If the Zoning Administrator finds that any use is in violation of any of the provisions of this Planning and Zoning Code, the Zoning Administrator shall notify the persons responsible for the violations, indicating the nature of the violation. The Zoning Administrator shall order discontinuance of violations of the use of land or buildings or the removal of illegal buildings, additions, alterations, or structural change as the case may be, or shall take any other action authorized by this Planning and Zoning Code to ensure compliance therewith. After such an order is served or posted on the premises, thereafter, no work, except to correct the violation or comply with such notice, shall proceed on any building or tract of land included in the violation.
(Ord. 2879. Passed 10-23-23.)
1127.05 PERMIT REVOCATION.
The Zoning Administrator may issue a revocation notice to revoke a permit, certificate, or administrative approval that was issued contrary to this code or based upon false information or misrepresentation in the application. (Ord. 2879. Passed 10-23-23.)
1127.06 INJUNCTION.
No person may erect, construct, alter, repair, use, or maintain any building or structure or use any land in violation of this code or the regulations enacted pursuant thereto. In the event of any such violation or imminent threat thereof, upon the request of the Mayor or Village Council, the Law Director, on behalf of the Village, shall institute a suit for injunction to prevent or terminate such violation. (Ord. 2879. Passed 10-23-23.)
1127.07 NOTICE OF VIOLATION.
Upon finding a violation, the Zoning Administrator shall order, in writing, the owner, agent, occupant, or operator of such building or premises to correct, within a stated reasonable time, all conditions that are found to be in violation of this code. After such a notice is served, no work except to correct the violation or comply with the notice shall proceed on any building or premises included in the violation.
(Ord. 2879. Passed 10-23-23.)
1127.08 PENALTIES.
(a) Whoever violates or fails to comply with, or permits or causes any person in his or her employ to violate or fail to comply with, any of the provisions of this code shall be guilty of an unclassified misdemeanor and shall be fined up to five hundred dollars ($500.00) per day. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) In addition, or in the alternative, a person who violates or fails to comply with or permits or causes any person in their employ to violate or fail to comply with the provisions of this code shall be deemed to be creating a public nuisance, and the creation thereof may be enjoined, and the maintenance thereof may be abated by action filed by any Village official charged with enforcing this code. (Ord. 2879. Passed 10-23-23.)
1127.09 REMEDIES.
(a) In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used, or any land is or is proposed to be used in violation of this code, or any amendment or supplement thereto, Village Council, the Law Director, the Village Administrator, the Zoning Administrator, Chief Building Official, Village Engineer, or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.
(b) The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. (Ord. 2879. Passed 10-23-23.)
1127.10 AFFECTED PARTIES.
The owner or tenant of any building, structure, premises, or part thereof, and any architects, engineers, surveyors, builders, contractors, agents, or other people who commit, participate in, assist in, or maintain a violation may be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 2879. Passed 10-23-23.)
1127.11 OTHER ACTIONS.
Nothing herein contained shall prevent the Village from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 2879. Passed 10-23-23.)