The Planning and Zoning Administrator is responsible for the
interpretation, administration and enforcement of the provisions of
this chapter unless otherwise expressly stated.
The Village has all remedies and enforcement powers allowed
by law, including the following:
A. Withhold permit. The Planning and 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 chapter or of a condition or qualification
of a permit, certificate, 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. Permits approved with conditions. Instead of withholding or denying
a permit or other authorization, the Planning and Zoning Administrator
may grant such authorization subject to the condition that the violation
be corrected.
C. Revoke permits.
(1)
Any permit, certificate or other form of authorization required
under this chapter may be revoked by the Planning and Zoning Administrator
when the Planning and Zoning Administrator determines:
(a)
That there is departure from the plans, specifications, or conditions
as required under terms of the permit;
(b)
That the development permit was procured by false representation
or was issued by mistake; or
(c)
That any of the provisions of this chapter are being violated.
(2)
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.
D. Withhold public utility service. The Planning and Zoning Administrator
may require that public utility service be withheld until such time
as the structure or premises are no longer in violation of this chapter.
E. Stop work. With or without revoking permits, the Planning and Zoning
Administrator may order work to be stopped on any building or structure
on any land on which there is an uncorrected violation of a provision
of this chapter or of a permit or other form of authorization issued
under the Zoning Ordinance.
F. Revoke plan or other approval. Where a violation of this chapter
involves a failure to comply with approved plans or conditions to
which the approval of such plans was made subject, the Planning and
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 chapter or the provision of security
to ensure that construction is completed in compliance with approved
plans, or such other conditions as the Planning and Zoning Administrator
may reasonably impose.
G. Injunctive relief. The Village may seek an injunction or other equitable
relief in court to stop any violation of this chapter or of a permit,
certificate or other form of authorization granted under the Zoning
Ordinance.
H. 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 prior to the violation.
I. Other enforcement powers. In addition to all other actions and penalties
authorized in this article, the Village Attorney is authorized to
institute any other appropriate judicial or administrative actions
or proceedings to prevent, enjoin, abate, or remove any violations
of this chapter.
Nothing in this chapter prohibits the continuation of valid enforcement actions initiated by the Village before the effective date specified in §
475-103.
The remedies and enforcement powers established in this chapter
are cumulative, and the Village may exercise them in any combination
or order.
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.