(A)   County Board. The County Board is responsible for establishing the regulations and procedures of this zoning ordinance, for confirming appointments to the Planning and Zoning Commission and carrying out those specific decision-making duties assigned by this zoning ordinance.

   (B)   Planning and Zoning Commission.

      (1)   Creation and membership.

         (a)   The Planning and Zoning Commission must consist of seven members appointed by the County Executive and confirmed by the members of the County Board. Members receive allowances for expenses and compensation, as provided by the County Board.

         (b)   Planning and Zoning Commission members serve, respectively, for five years, or until their respective successors are appointed. The terms must be staggered in accordance with state statutes.

         (c)   One of the members of the Planning and Zoning Commission must be designated by the County Executive as chairperson of the Planning and Zoning Commission and another member must be designated as secretary, and each must hold office until their successor is appointed. The County Executive, subject to the approval by the County Board, has the power to remove any members of the Planning and Zoning Commission for cause. Vacancies on the Planning and Zoning Commission must be filled by the County Executive and confirmed by the County Board, for the unexpired term of the member whose place has become vacant, in the same manner provided for the original appointment of members.

      (2)   Powers and duties. The Planning and Zoning Commission is responsible for carrying out those specific review and decision-making duties assigned by this zoning ordinance.

      (3)   Operation. The Planning and Zoning Commission must conduct meetings, take action and operate in accordance with its adopted by-laws, the county code of ordinances and state law.

   (C)   Zoning Administrator. The Zoning Administrator is responsible for carrying out those specific duties and responsibilities assigned by this zoning ordinance and for:

      (1)   Conducting inspections of buildings, structures, and land to determine compliance with this zoning ordinance, and notifying in writing the person responsible for any violation found;

      (2)   Ordering the discontinuance of illegal uses of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, or structural changes; or taking any other action authorized by statute or by this zoning ordinance to ensure compliance with or to prevent violation of zoning ordinance provisions;

      (3)   Maintaining permanent and current records of this zoning ordinance, including, all maps, amendments, special use permits, planned unit developments, variances, appeals, applications, and text;

      (4)   Advising all persons seeking zoning information of the existence of officially adopted plans;

      (5)   Providing and maintaining a source of public information relative to all matters arising out of this zoning ordinance;

      (6)   Receiving, filing, and forwarding to the Planning and Zoning Commission and County Board all applications for matters on which the Planning and Zoning Commission and County Board is required to review or take action;

      (7)   Providing public information relative to matters arising out of a comprehensive amendment;

      (8)   Reviewing all property that has been the subject of legal action, invalidating the zoning ordinance as applied to a particular use on a specific parcel of land and submitting information to the County Board on such matters;

      (9)   Reviewing all property that has been disconnected from a municipality or that has come within the jurisdiction of the county as the result of the dissolution of a municipality and submitting an amendment for reclassification of said property to the County Board or otherwise recommending that the property be zoned E-1;

      (10)   Initiating, directing, and reviewing, from time-to-time, a study of the provisions of this zoning ordinance and making recommendations as such study requires; and

      (11)   Keeping the County Board advised of zoning activities.

   (D)   County Clerk. The County Clerk is responsible for:

      (1)   Maintaining copies of this zoning ordinance and signed ordinances for reference by the public; and

      (2)   For receiving protest petitions filed in the County Clerk's office and forwarding them to the state's attorney for legal review and appropriate action.

(Ord. effective 10-1-2012)

   (A)   Responsibility for enforcement. The Zoning Administrator is responsible for enforcing this zoning ordinance, except as otherwise expressly stated.

   (B)   Violations. Unless otherwise expressly allowed by this zoning ordinance or state law, any violation of a provision of this zoning ordinance—including but not limited to all of the following—may be subject to the remedies and penalties provided for in this zoning ordinance.

      (1)   To use land or buildings in any way not consistent with the requirements of this zoning ordinance;

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

      (3)   To install 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 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 or land, the use or installation of a sign, or any other activity requiring one or more permits or approvals under this zoning ordinance in any way inconsistent with any 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 any condition imposed on the permit or approval;

      (7)   To obscure, obstruct or destroy any notice required to be posted or otherwise given under this zoning ordinance;

      (8)   To violate any lawful order issued by any person or entity under this zoning ordinance; or

      (9)   To continue any violation after receipt of notice of a violation.

   (C)   Continuing violations. Each week that a violation remains uncorrected after receiving notice of the violation from the county constitutes a separate violation of this zoning ordinance.

   (D)   Remedies and enforcement powers. The county has all remedies and enforcement powers allowed by law, including the following:

      (1)   Administrative adjudication. In lieu of the remedies, enforcement powers and procedures provided in this section, the county's administrative adjudication process may be used in enforcement of this zoning ordinance. See Chapter 43 of the county Code of Ordinances.

      (2)   Withhold permit.

         (a)   The Zoning Administrator may deny or withhold permits, certificates 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, certificate, approval or other authorization previously granted by the county. 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 deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned by or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this zoning ordinance or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the county. 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)   The Zoning Administrator may deny or withhold temporary use permits on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused a violation of a previous temporary use permit. Enforcement provision may be used regardless of whether the property for which the temporary use permit sought is for the property on which the previous violation occurred.

      (3)   Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the Zoning Administrator may grant such authorization subject to the condition that the violation be corrected.

      (4)   Revoke permits.

         (a)   Any permit, certificate or other form of authorization required under this zoning ordinance may be revoked by the Zoning Administrator when the Zoning Administrator determines:

            1.   That there is departure from the plans, specifications, or conditions as required under terms of the permit,

            2.   That the development permit was procured by false representation or was issued by mistake, or

            3.   That any of the provisions of this zoning ordinance 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 on the building or structure for which such permit was issued. If no persons can reasonably be served with notice, the notice must be posted in a prominent location. After delivery or posting of notice, no construction or development may proceed.

      (5)   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 the zoning ordinance.

      (6)   Revoke plan or other approval. Where 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 interested parties (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.

      (7)   Injunctive relief. The county may seek an injunction or other equitable relief in court to stop any violation of this zoning ordinance or of a permit, certificate or other form of authorization granted under the zoning ordinance.

      (8)   Forfeiture and confiscation of signs on public property. Any sign installed or placed on public property, except in compliance with the regulations of this zoning ordinance, may be forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this section, the county 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 county 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 prior to the violation.

      (10)   Other penalties, remedies and powers. The county may seek such other penalties as are provided by Illinois law.

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

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

   (G)   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.

   (H)   Enforcement procedures.

      (1)   Non-emergency matters. In the case of violations of this zoning ordinance that do not constitute an emergency or require immediate attention, the Zoning Administrator must give notice of the nature of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner stated in this section, after which the persons receiving notice have ten days to correct the violation before further enforcement action may be taken. Notice must be given in person, by U.S. Mail, or by posting notice on the premises. Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.

      (2)   Emergency matters. In the case of violations of this zoning ordinance that constitute an emergency situation as a result of public health or safety concerns or violations that will create increased problems or costs if not remedied immediately, the county may use the enforcement powers available under this zoning ordinance without prior notice, but the Zoning Administrator must attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit.

      (3)   Appeals. Enforcement actions taken by the Zoning Administrator may be appealed by the affected party to the Planning and Zoning Commission in accordance with § 155-16.100.

(Ord. effective 10-1-2012)