24 - ENFORCEMENT AND REVIEW
Whenever the administrator receives a written, signed complaint alleging a violation of this title, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.
(Ord. 2004/05-17 § 1 (part))
The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this title may be held responsible for the violation and suffer the penalties and be subject to the remedies provided in this chapter.
(Ord. 2004/05-17 § 1 (part))
A.
If the administrator finds that any provision of this title is being violated, he or she 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 administrator's discretion.
B.
The final written notice (which may be the only written notice) shall state what action the administrator intends to take if the violation is not corrected and shall advise that the administrator's decision or order may be appealed to the board of appeals per Section 17.18.010.
C.
Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this title or pose a danger to the public health, safety, or welfare, the administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in this chapter.
(Ord. 2004/05-17 § 1 (part))
A.
Violations of the provisions of this title or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special permits, shall constitute a misdemeanor, punishable by a fine as determined by a schedule adopted by the city council from time to time.
B.
Any act constituting a violation of the provisions of this title or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special permits, shall also subject the offender to a civil penalty as determined by a schedule adopted by the city council from time to time. If the offender fails to pay this penalty within ten (10) days after being cited for a violation, the penalty may be recovered by the city civil action in the nature of debt. A civil penalty may not be appealed to the board of appeals if the offender was sent a final notice of violation per Section 17.24.030 and did not take an appeal to the board of appeals within the prescribed time.
D.
This title may also be enforced by any appropriate equitable action.
E.
Each day that any violation continues after notification by the administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.
F.
Any one, all or any combination of the foregoing penalties and remedies may be used to enforce this title.
(Ord. 2004/05-17 § 1 (part))
A.
A zoning certificate, sign permit, or special permit may be revoked by the administrator or city council (per the provisions of this section) if the permit recipient fails to develop or maintain the property per the plans submitted, the requirements of this title, or any additional requirements lawfully imposed by the city council.
B.
Before a special permit may be revoked, all of the notice and hearing and other requirements of Chapter 17.20 shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.
1.
The burden of presenting evidence sufficient to authorize the city council to conclude that a special permit should be revoked for any of the reasons set forth in subsection A of this section shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.
2.
A motion to revoke a special permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.
C.
Before a zoning certificate or sign permit may be revoked, the administrator shall give the permit recipient ten (10) days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his or her right to obtain an informal hearing on the allegations. If the permit is revoked, the administrator shall provide to the permittee a written statement of the decision and the reasons therefore.
D.
No person may continue to make use of land or buildings in the manner authorized by any zoning certificate, sign permit, or special permit after such certificate or permit has been revoked per this section.
(Ord. 2004/05-17 § 1 (part))
A.
Every decision of the city council granting or denying a special permit and every final decision of the board of appeals shall be subject to review by the circuit court of LaSalle or Livingston County by proceedings in the nature of certiorari.
B.
The petition for the writ of certiorari must be filed with the LaSalle County clerk of court within thirty (30) days after the later of the following occurrences:
1.
A written copy of the board's decision (see Section 17.20.060) has been filed in the office of the administrator, and
2.
A written copy of the board's decision (see Section 17.20.060) has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case.
C.
A copy of the writ of certiorari shall be served upon the city.
(Ord. 2004/05-17 § 1 (part))
24 - ENFORCEMENT AND REVIEW
Whenever the administrator receives a written, signed complaint alleging a violation of this title, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.
(Ord. 2004/05-17 § 1 (part))
The owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this title may be held responsible for the violation and suffer the penalties and be subject to the remedies provided in this chapter.
(Ord. 2004/05-17 § 1 (part))
A.
If the administrator finds that any provision of this title is being violated, he or she 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 administrator's discretion.
B.
The final written notice (which may be the only written notice) shall state what action the administrator intends to take if the violation is not corrected and shall advise that the administrator's decision or order may be appealed to the board of appeals per Section 17.18.010.
C.
Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this title or pose a danger to the public health, safety, or welfare, the administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in this chapter.
(Ord. 2004/05-17 § 1 (part))
A.
Violations of the provisions of this title or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special permits, shall constitute a misdemeanor, punishable by a fine as determined by a schedule adopted by the city council from time to time.
B.
Any act constituting a violation of the provisions of this title or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special permits, shall also subject the offender to a civil penalty as determined by a schedule adopted by the city council from time to time. If the offender fails to pay this penalty within ten (10) days after being cited for a violation, the penalty may be recovered by the city civil action in the nature of debt. A civil penalty may not be appealed to the board of appeals if the offender was sent a final notice of violation per Section 17.24.030 and did not take an appeal to the board of appeals within the prescribed time.
D.
This title may also be enforced by any appropriate equitable action.
E.
Each day that any violation continues after notification by the administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.
F.
Any one, all or any combination of the foregoing penalties and remedies may be used to enforce this title.
(Ord. 2004/05-17 § 1 (part))
A.
A zoning certificate, sign permit, or special permit may be revoked by the administrator or city council (per the provisions of this section) if the permit recipient fails to develop or maintain the property per the plans submitted, the requirements of this title, or any additional requirements lawfully imposed by the city council.
B.
Before a special permit may be revoked, all of the notice and hearing and other requirements of Chapter 17.20 shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation.
1.
The burden of presenting evidence sufficient to authorize the city council to conclude that a special permit should be revoked for any of the reasons set forth in subsection A of this section shall be upon the party advocating that position. The burden of persuasion shall also be upon that party.
2.
A motion to revoke a special permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion.
C.
Before a zoning certificate or sign permit may be revoked, the administrator shall give the permit recipient ten (10) days notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his or her right to obtain an informal hearing on the allegations. If the permit is revoked, the administrator shall provide to the permittee a written statement of the decision and the reasons therefore.
D.
No person may continue to make use of land or buildings in the manner authorized by any zoning certificate, sign permit, or special permit after such certificate or permit has been revoked per this section.
(Ord. 2004/05-17 § 1 (part))
A.
Every decision of the city council granting or denying a special permit and every final decision of the board of appeals shall be subject to review by the circuit court of LaSalle or Livingston County by proceedings in the nature of certiorari.
B.
The petition for the writ of certiorari must be filed with the LaSalle County clerk of court within thirty (30) days after the later of the following occurrences:
1.
A written copy of the board's decision (see Section 17.20.060) has been filed in the office of the administrator, and
2.
A written copy of the board's decision (see Section 17.20.060) has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case.
C.
A copy of the writ of certiorari shall be served upon the city.
(Ord. 2004/05-17 § 1 (part))