South Jacksonville City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 154.140 ENFORCEMENT OFFICER.
(A) The Enforcement Officer, or his or her duly designated and acting deputy, shall be responsible for interpreting and administering the provisions of this chapter and shall have primary responsibility for the enforcement of this chapter by means of the duties specified herein. Without limiting the generality of the previous sentence, the duties and authority of the Enforcement Officer shall be as follows:
(1) (a) The Enforcement Officer shall provide the Plan Commission with review, analysis, reports, and recommendations on: petitions for rezoning (Zoning Map amendments); proposed text amendments to this chapter; special use permit applications; and planned developments.
(b) As applicable, the Enforcement Officer shall obtain and compile the comments from other village staff with respect to the above subjects.
(2) Determine whether applications for building permits are in compliance with applicable requirements of this chapter;
(3) Furnish to the various department superintendents or other employees of the village such information as will aid in ensuring the proper compliance with this chapter and other codes of the village;
(6) Provide administrative support to the Board of Appeals. This includes receiving, filing, and forwarding to the Board of Appeals, all information constituting the record upon which actions appealed from are taken;
(7) Supervise the preparation of updates to the Official Zoning Map;
(8) Except as otherwise provided for in this chapter, notify in writing any person responsible for violating any of the provisions of this chapter, indicating the nature of the violation and ordering the necessary corrective action;
(9) May cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance, or use in violation of this chapter by issuing a stop work or stop use order; and
(10) May refer any violation of this chapter to the Village Attorney for prosecution or other appropriate action when deemed necessary.
(B) The Enforcement Officer may adopt such administrative policies as necessary to the carrying out of such duties.
(Ord. 834, passed 2-1-2001)
§ 154.141 PLAN COMMISSION.
The Plan Commission of the village, which has been duly created by the Village Board, is the Plan Commission referred to in this chapter. Membership, terms of office, certain powers, and duties are set forth in village ordinances.
(Ord. 834, passed 2-1-2001)
§ 154.142 PERMITS AND CERTIFICATES OF COMPLIANCE.
(A) Building permit. No building permit shall be issued until the application for such permit has been determined by the Enforcement Officer to be in compliance in all respects with the provisions of this chapter or with a written order from the Board of Appeals in the form of an administrative review decision on an appeal or variation as provided in §§ 154.160 through 154.162. Construction must commence within a one-year period.
(B) Certificate of zoning compliance.
(1) No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of zoning compliance has been issued by the Enforcement Officer.
(2) Certificates of zoning compliance shall be requested coincident with the request for a certificate of occupancy as required under ordinance.
(3) The Enforcement Officer shall cause the premises to be inspected to determine that the proposed use and any buildings or structures involved comply in all respects with the provisions of this chapter or with a written order from the Board of Appeals in the form of an administrative review decision on an appeal or variation as provided in §§ 154.160 through 154.162.
(4) Upon determination of compliance, the Enforcement Officer shall issue a certificate of zoning compliance stating that the building or structure is in conformance with this chapter.
(5) The issuance of a certificate of zoning compliance is required in addition to the code requirement for a certificate of occupancy, not as a substitute for same.
(6) A record of all certificates of zoning compliance shall be kept on file in the office of the Enforcement Officer, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or structure affected.
(C) Use permit. No change shall be made in the use of a building or land without a use permit having first been issued by the Enforcement Officer. No permit shall be issued unless it is in conformity with the provisions of this chapter.
(D) Certificate of occupancy. No building or structure shall be occupied until a certificate of occupancy has been issued by the Enforcement Officer.
(Ord. 834, passed 2-1-2001)
§ 154.143 FEES.
Fees pertaining to petitions for zoning amendments, certificates of zoning compliance, use permits, site plans, variations, and appeals shall be established by action of the Village Board from time to time. Such fees shall be paid to the Village Clerk, who shall provide a receipt for such fees paid and maintain an accounting of same. Said fees may also be paid at the office of the Enforcement Officer, which shall forward the payment to the Village Clerk. Until all applicable fees have been paid in full, no action shall be taken on any action or appeal provided by this chapter.
(Ord. 834, passed 2-1-2001)
§ 154.144 ENFORCEMENT.
(A) Construction and use shall comply with plans and permits. All permits issued on the basis of plans (including site plans approved by the Plan Commission) and/or permits issued by the Enforcement Officer authorize only the use, arrangement, and/or construction set forth in such approved plans and/or permits and no other use, arrangement, or construction.
(B) Entry and inspection of land and buildings. Members of the Board, Plan Commission, the Enforcement Officer, and building inspectors are hereby empowered in the performance of their duties, to enter upon any property in the village or within its extraterritorial jurisdiction for the purpose of making inspections, examinations, and surveys, or to place and maintain thereon monuments, markers, notices, signs, or placards required to effectuate the purpose and provisions of this chapter.
(Ord. 834, passed 2-1-2001)
§ 154.145 PROCEEDINGS TO PREVENT VIOLATIONS.
(A) General.
(1) In case any building or structure, including fixtures, is constructed, reconstructed, altered, converted, or maintained, or any building or structure, including fixtures, or land, is used in violation of this chapter, the village may institute any appropriate action or proceeding to:
(a) Prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;
(b) Prevent the occupancy of the building, structure, or land;
(c) Prevent any illegal act, conduct, business, or use in or about the premises; or
(d) Restrain, correct, or abate the violation.
(2) Any owner or tenant of real property, within 1,200 feet in any direction of the property on which the building or structure in question is located, who shows that his or her property or person will be substantially affected by the alleged violation may seek action to prevent such violation as provided for by law (65 ILCS 5/11-13-15). Without limiting the aforementioned procedure to remedy an alleged violation, such owner or tenant may notify the Enforcement Officer, in writing, of the alleged violation. Upon receipt of the notice, the Enforcement Officer shall take whatever action is warranted and inform the complainant, in writing, what actions have been or will be taken.
(B) Procedure upon discovery of violations.
(1) If the Enforcement Officer finds that any provision of this chapter is being violated, the Officer shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Enforcement Officer’s discretion.
(3) In cases where delay would threaten the public health, safety, or welfare, the Enforcement Officer may seek enforcement without prior written notice by invoking a stop work or stop use order and institute any of the penalties or actions authorized in § 154.999.
(Ord. 834, passed 2-1-2001)