Any building that is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land that is or is proposed to be used in violation of this Code or any amendment or supplement thereto, the Municipal Council, the Municipal Solicitor, Zoning Officer, or any adjacent or neighboring property owner who would be specifically damaged by such violation may, initiate appropriate action to prevent such activity from proceeding in violation to this Code.

(Ord. 17-2013, passed 9-24-2013)

   The notice of any violation of the Zoning Code shall be as follows:

   (a)   Whenever the Zoning Officer determines that there is a violation of any provision of this Zoning Code, a notice of such violation shall be issued. Such notice shall:

      (1)   Be in writing;

      (2)   Identify the violation;

      (3)   Include a statement of the reason or reasons why the violation order is being issued and refer to the section of this Zoning Code being violated;

      (4)   State the time by which the violation shall be corrected; and

      (5)   Contain a statement of right of appeal or to request variance, if applicable.

   (b)   Service of notice of the violation shall be as follows:

      (1)   By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of 16 years or older; or

      (2)   By Certified Mail, and first class mail simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the First Class mail envelope is not returned by the Postal Authorities with an endorsement showing failure of delivery; or

      (3)   By posting a copy of the notice form in a conspicuous place on the premises found in violation.

(Ord. 17-2013, passed 9-24-2013)

   The following remedies shall apply to violations of the Zoning Code:

   (a)   Prohibitions.

      (1)   No person shall fail or refuse to comply with an order issued by the Zoning Inspector. A separate offense shall be deemed committed each day upon which a violation occurs or continues from the date the order was issued.

      (2)   No person shall construct, modify, alter, use or occupy any structure or property in violation of the Zoning Code. A separate offense shall be deemed committed each day upon which a violation occurs or continues.

   (b)   Penalties.

      (1)   Whosoever violates this section is guilty of a minor misdemeanor of the first degree for each offense.

      (2)   If within one year of the date of the offense the offender has been convicted, of or pleads guilty, to another violation of this section, the offender is guilty of a misdemeanor of the third degree.

   (c)   Civil remedies. The Municipality, the Municipal Council on behalf of the Municipality or any officer designated by the Municipal Council on behalf of the Municipality may, in addition to the criminal remedies provided in this Zoning Code, file suit for injunction against any violation of this Zoning Code, or if the violation has caused damages to the Municipality for a judgment for damages and any person, property owner or occupant of property who can show that the person, property owner or occupant of property has suffered harm or whose property has suffered harm as a result of violations of this Zoning Code may file suit for injunction or damages to the fullest extent provided by the law.

(Ord. 17-2013, passed 9-24-2013)

   The fees for all applicant costs incurred in this chapter shall be established by Municipal Council. Furthermore, no plan shall be accepted for filing and processing, as provided in this chapter, unless and until a filing fee is paid to the Municipality. A schedule of fees, as adopted by the Municipal Council, shall be posted in the administrative offices of the Village.

   The applicant shall be responsible for the expenses incurred by the Municipality in reviewing the plan or any modifications to the plan. If fees are in addition to filing fees, such expenses may include items such as the cost of professional services including expenses and legal fees in connection with reviewing the plan, prepared reports, the publication and mailing of public notice in connection therewith, and any other reasonable expenses directly attributable thereon.

   At the time of submitting a site plan to the Planning Commission for consideration, the applicant shall make a deposit in the office of the Municipal Clerk in the amount equal to the estimated cost of the Municipality’s expenses.

(Ord. 17-2013, passed 9-24-2013)