(A)

Generally. The administration of this zoning ordinance is hereby vested in:

(1)

The zoning administrator;

(2)

The planning and zoning commission; and

(3)

The board of trustees.

(B)

Zoning administrator. The community development director serves as the zoning administrator and has the authority to delegate zoning administration duties to other staff within the community development department. The zoning administrator has primary responsibility for administering and carrying out those powers and duties expressly identified in this zoning ordinance or those authorized by law, including the following:

(1)

Interpreting and administering the provisions of this zoning ordinance;

(2)

Conducting needed inspections of structures and uses of land to determine compliance with this zoning ordinance;

(3)

Notifying persons responsible for violating this zoning ordinance;

(4)

Taking appropriate actions to ensure compliance with this zoning ordinance and remedying violations of its provisions, including but not limited to:

(a)

Ordering discontinuance of any illegal use of land or structures;

(b)

Ordering removal of illegal structures and additions or alterations thereto; and

(c)

Ordering discontinuation of work being done in violation of zoning ordinance provisions.

(5)

Maintaining permanent and current records related to this zoning ordinance, including all zoning maps, amendments, planned unit developments, special uses, and variances;

(6)

Maintaining a record of permits and notices of violation and orders of discontinuances or removal for such time as necessary to ensure continuous compliance with zoning ordinance provisions;

(7)

Receiving and processing all applications for permits and development approvals under this zoning ordinance;

(8)

Providing technical assistance and support to the board of trustees, and the planning and zoning commission; and

(9)

Exercising other powers and performing other duties as specified or necessarily implied by the provisions of this zoning ordinance.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

Violations. Unless otherwise expressly stated in this zoning ordinance or state law, any violation of a provision of this zoning ordinance—including any of the following—are subject to the remedies and penalties provided for in this zoning ordinance:

(1)

To use land, buildings, or other structures in any way that is not consistent with the requirements of this zoning ordinance;

(2)

To erect a building, sign, or other structure in any way not consistent with the requirements of this zoning ordinance;

(3)

To establish or use a sign in any way not consistent with the requirements of this zoning ordinance;

(4)

To engage in the use of a building, structure or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this zoning ordinance without obtaining such required permits or approvals;

(5)

To engage in the use of a building, structure or land, the use or installation of a sign, or any other activity for which a permit or approval has been granted under this zoning ordinance or under previous zoning regulations of the village in any way inconsistent with such permit or approval or any conditions imposed on the permit or approval;

(6)

To violate the terms of any permit or approval granted under this zoning ordinance or under previous zoning regulations of the village or any condition imposed on the permit or approval;

(7)

To obscure, obstruct or destroy any notice required to be posted under this zoning ordinance;

(8)

To violate any lawful order related to this zoning ordinance issued by any authorized public official;

(9)

To establish, maintain or conduct in any business, establishment or activity that causes or results in a nuisance by reason of dust, smoke, vibrations, fumes, noise or any other factor harmful to the general health and welfare; or

(10)

To continue any violation after receipt of notice of a violation.

(B)

Continuing violations. Each day that a violation continues constitutes a separate violation of this zoning ordinance.

(C)

Remedies and enforcement powers. The village has all remedies and enforcement powers allowed by law, including those established in chapter 1, article II of the village code (Administrative Code Hearing System), and the following:

(1)

Fines. Any person, firm or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any of the provisions of this zoning ordinance may, upon conviction, be fined not less than $75.00 nor more than $750.00 for each offense.

(2)

Liens. The village may file liens against a property for failure to pay levied fines or fees and to cover any expenses incurred by the village for remedying violations of this zoning ordinance, as authorized by law.

(3)

Withhold permit.

(a)

The zoning administrator may deny or withhold permits or other forms of authorization on any land or structure or improvements upon which there is an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, approval, or other authorization previously granted by the village. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.

(b)

The zoning administrator may also withhold all permits or other forms of authorization on any other land owned by the owner of land on which an uncorrected violation exists. This enforcement provision may be used regardless of whether the property for which the permit or other approval is sought is the property in violation.

(c)

Instead of withholding or denying a permit or other authorization, the zoning administrator may issue such permit or grant such authorization subject to the condition that the violation be corrected.

(4)

Revoke permits.

(a)

A permit or other form of authorization required under this zoning ordinance may be revoked by the zoning administrator when the zoning administrator determines:

i.

That there are unapproved significant, material departures from approved plans or permits;

ii.

That the development permit was procured by false representation or was issued by mistake; or

iii.

That any of the provisions of this zoning ordinance or approval previously granted by the village are being violated.

(b)

Written notice of revocation must be served upon the owner, the owner's agent, or contractor, or upon any person employed in the construction of the building or structure for which such permit was issued. If no individual can reasonably be served with notice, the notice must be posted in a prominent location on the subject property.

(5)

Revoke plan or other approval. When a violation of this zoning ordinance involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the zoning administrator may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected):

(a)

Revoke the plan or other approval; or

(b)

Condition its continuance on strict compliance with this zoning ordinance or the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the zoning administrator may reasonably impose.

(6)

Stop work. With or without revoking permits, the zoning administrator may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this zoning ordinance or of a permit or other form of authorization issued under this zoning ordinance or previous zoning regulations.

(7)

Injunctive relief. The village may seek an injunction or other equitable relief in court to stop any violation of this zoning ordinance or of a permit or other form of authorization granted under this zoning ordinances or previous zoning regulations.

(8)

Forfeiture and confiscation of signs on public property. Any sign installed or placed in the public right-of-way or on other public property, except in compliance with the regulations of this zoning ordinance will be considered forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this article, the village has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.

(9)

Abatement. The village may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed before the violation.

(10)

Other penalties, remedies and powers. The village may seek such other penalties and remedies as are provided by law.

(11)

Continuation of previous enforcement actions. Nothing in this zoning ordinance prohibits the continuation of previous enforcement actions, undertaken by the village pursuant to previous valid ordinances and laws.

(D)

Remedies cumulative. The remedies and enforcement powers established in this zoning ordinance are cumulative, and the village may exercise them in any combination or order.

(E)

Persons subject to penalties. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies, and enforcement actions.

(Ord. of 08-07-2025(1), 8-7-2025)