This chapter shall be enforced by the Building
Inspector or such other person as may hereafter be designated by the
Board of Trustees.
[Added 4-6-2016 by L.L.
No. 4-2016]
A.
Every department, board, agency and committee of the Village shall
withhold the processing of any application to such board, committee,
agency or department, if:
(1)
The Commissioner of Public Services has determined that a violation
of any provision of the Village Code exists on or at the subject property,
or a summons has been issued with regard to an alleged violation of
any provision of the Village Code on or at any other property owned
by the owner or the applicant within the Village; or
(2)
Any fees, deposits, or other sums of money are due to the Village
with regard to the subject property; or otherwise due to the Village
from the owner of the subject property; or otherwise due to the Village
from the applicant, if the applicant is not the owner.
B.
The "processing of an application," as used herein, shall include
but not be limited to the review of the application by the Village
or its professionals; the scheduling or holding of any hearings or
other meetings; the rendering of any decisions, other than, in the
sole discretion of the chairperson or commission of such board, committee,
agency or department, a denial of such application; the performing
of any inspections; and the issuing of any permits or certificates.
C.
Any application for which processing is to be withheld pursuant to
the provisions of this section shall be deemed for all intents and
purposes to be incomplete until such department, board, agency or
committee receives written notice, by certified mail, return receipt
requested, from the applicant, that such violation has been cured
and/or such sums have been paid, and such notice is confirmed by the
appropriate Village officer or employee.
D.
The foregoing prohibition shall not preclude the processing of any
application if:
(1)
All of the sums due to the Village have been paid and substantially
the sole purpose of the processing is to cure the violations or to
seek a variance from the Board of Appeals with regard to such violations;
or
(2)
The Board of Trustees, in its sole discretion, grants a waiver
from such prohibition. Among the criteria the Board of Trustees may
consider in determining whether or not to grant such a waiver is if
the applicant is acting in good faith and with due diligence to cure
the violations, or presents a case of hardships, similar to that required
for a use variance before the Board of Appeals.
[Added 4-6-2016 by L.L.
No. 4-2016]
A.
BODY
LAW
MATERIAL MISREPRESENTATION
OFFICER
VIOLATION
As used within this section, the following terms shall have the meanings
indicated:
Any board, committee, commission, agency, department, or
other body of the Village.
The Code of the Village and all of the laws, rules and regulations
of any federal, state or other municipal authority, district, department
or commission, with jurisdiction over the subject premises.
Any incorrect, incomplete or misleading representation of
a fact or other circumstance upon which a body or officer bases a
determination in whole or in part, or the failure to disclose a fact
or circumstance that a reasonable person would believe would be a
basis for determining whether or not to grant or condition a grant
of an application.
Any elected or appointed officer or employee of the Village.
The failure to comply with any condition of a permit or variance
granted by a body or officer.
B.
No person shall make any material misrepresentation to any body or
officer.
(1)
No rights to construct or otherwise shall be deemed created
or vested if they result in whole or in part from a determination
of a body or officer that was based in whole or in part upon a material
misrepresentation by or on behalf of an applicant.
(2)
The finding under this section that a determination was made
based upon a material misrepresentation by or on behalf of an applicant
to a body or officer shall be made by the same body or officer that
made the determination at issue, either on its own initiative or when
presented with information or facts from another body or officer or
other person.
C.
No person shall violate any of the requirements imposed by any body
or officer as a condition to the granting of a permit or variance.
(1)
With the exception of violations of conditions imposed by the
Board of Appeals, the finding under this section that there was violation
of any condition to the granting of a permit or variance imposed by
any body or officer shall be made by the Board of Trustees.
(2)
The finding under this section that there was violation of any
condition to the granting of a permit or variance imposed by the Board
of Appeals shall be made by the Board of Appeals.
D.
No person shall violate any law in the use, operation or development
of its property within the Village. The finding under this section
that there was a violation of any law in the use, operation or development
of a property within the Village shall be made by the Board of Trustees.
E.
Revocation and other sanctions available to a body or officer upon
a finding of a material misrepresentation or a violation.
(1)
In the event that:
(a)
A body or officer finds that a determination made by it was
made based upon a material misrepresentation by or on behalf of an
applicant; or
(b)
The Board of Appeals finds that:
[1]
There was a substantial violation of one or more
of the conditions upon which a permit or variance was granted by it,
whether or not notice of such violation had been given; or
[2]
There were continuous violations of the same condition,
after notice, of one or more of the conditions upon which a permit
or variance was granted by it, whether or not any of such violations
in and of themselves was substantial; or
(c)
The Board of Trustees finds that:
[1]
There was a substantial violation of one or more
of the conditions upon which a permit or variance was granted by a
body other than the Board of Appeals, whether or not notice of such
violation had been given;
[2]
There were continuous violations of the same condition,
after notice, of one or more of the conditions upon which a permit
or variance was granted by a body other than the Board of Appeals,
whether or not any of such violations in and of themselves was substantial;
[3]
There was a substantial violation of law, whether
or not notice of such violation had been given; or
[4]
There were continuous violations of the same law,
after notice, whether or not any of such violations in and of themselves
was substantial;
(2)
Then and in such event, the body or officer authorized to make
such finding shall have the authority to:
(a)
Allow the permit or variance to continue for a probationary
period, not exceeding one year; and/or
(b)
Impose additional conditions to attempt to prevent further violations;
or
(c)
Suspend the use of the property pursuant to such permit or variance
until the violation is cured and/or there is compliance with any of
the additional conditions that may be imposed; or
(d)
Revoke the permit or variance.
(3)
Nothing herein shall limit the penalties to which the owner
may be liable for such violations under any other provisions of law.
F.
Notice of violation.
(1)
Notice of a violation for actions pursuant to this section shall
be deemed sufficient if given in any of the following manners:
(a)
Personal delivery; or
(b)
Mailed by certified mail, return receipt requested, or by express
courier guaranteeing overnight delivery and furnishing a receipt in
evidence thereof, to (i) the owner of the property at the address
of the property and at the address for the property shown on the Village
real property tax assessment roll, if such address is other than the
address of the property; and (ii) to the applicant if other than the
owner, at the address of the property and at the address listed on
the application for the permit or variance if such address is other
than the address of the property.
(2)
Proof and/or acknowledgement of actual receipt shall be deemed
a waiver of any error in the notification.
G.
Hearing.
(1)
Prior to a finding by a body or officer pursuant to this section
that a material misrepresentation was made by or on behalf of an applicant,
that a condition upon which a permit or variance was granted was violated,
or that a law was violated, the owner of the subject property and
the applicant, if different from the owner, shall be entitled to a
hearing at which the owner and/or applicant shall have the right to
be heard, to present witnesses and other evidence and to be assisted
by counsel.
(2)
The notice of the hearing shall:
(a)
Set forth the nature of the violation and/or violations and
the date and/or dates that such violations are alleged to have occurred;
(b)
Set forth the date and time of the hearing;
(c)
Be mailed not less than 14 calendar days before the day scheduled
for the hearing; and
(d)
Be mailed by certified mail, return receipt requested, or by
express courtier guaranteeing overnight delivery and providing a receipt
thereof, to (i) the owner of the property at the address of the property
and at the address for the property shown on the Village real property
tax assessment roll, if such address is other than the address of
the property; and (ii) to the applicant, if other than the owner,
at the address of the property and at the address listed on the application
for the permit or variance if such address is different from the address
of the property.
(3)
The appearance at the hearing of the owner and/or applicant
or their counsel or other authorized representative shall be deemed
a waiver of any error in the notice, unless an allegation of prejudice
is made at the beginning of the hearing.
(4)
If the owner or applicant desires a court reporter to be present
to record the proceedings, the cost of such court reporter shall be
paid by the owner and/or applicant, and the Village Clerk shall be
notified of the need for a court reporter not later than three business
days before the day of the hearing. A deposit toward the cost of the
court reporter shall be paid by the owner and/or applicant not later
than three business days before the day of the hearing, and the amount
of such deposit shall be determined from time to time by resolution
of the Board of Trustees.
(5)
Nonexclusive sanctions.
(a)
The revocation and other sanctions for misrepresentations and
violations provided in this section are nonexclusive and are in addition
to all such other fines, penalties and/or other sanctions as may be
imposed pursuant to any other sections of this Code or any other laws.
(b)
The powers for revocation and other sanctions for misrepresentations
and violations provided in this section are nonexclusive and are in
addition to such other powers as may be granted by any other sections
of this Code or any other laws to any officer or body or state or
federal official or department to impose fines, penalties or other
sanctions for the same misrepresentations and violations.
A.
Violations.
(1)
Any violation of the provisions of this chapter, as well as
the terms of any variance, temporary or conditional permit, conditional
use, special exception or other use permit, by the holder of a permit
or variance, or its agents or representatives, or by the owner, general
agent or contractor of a building or premises where such violation
has been committed or shall exist, or by the lessee or tenant of an
entire building or entire premises where such violation has been committed
or shall exist, or by the owner, general agent, contractor, lessee
or tenant of any part of a building or premises in which part such
violation has been committed or shall exist, or by the general agent,
architect, builder, contractor or any other person who commits, takes
part or assists in any such violation shall be punishable as follows:
(a)
For a conviction of a first offense by a fine not exceeding
$350 or imprisonment for a period not to exceed 15 days, or both.
(b)
For conviction of a second offense, both of which were committed
within a period of five years, by a fine of not less than $350 nor
more than $700 or imprisonment for a period not to exceed 15 days,
or both.
(c)
Upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, by a fine of not less
than $700 nor more than $1,000 or imprisonment for a period not to
exceed 15 days, or both.
(2)
Each week's continued violation shall constitute a separate
additional violation.
B.
Whenever the Building Inspector and/or other person
or persons designated by the Board of Trustees of the Village is satisfied
that any building or structure or any portion thereof is being erected,
constructed, reconstructed, altered, repaired, converted or maintained
or any building, structure or land is being used in violation of or
not in compliance with any of the provisions or requirements of this
chapter, he may, in his discretion, in addition to all other remedies,
institute through the attorney for the Village any appropriate action
or proceeding at law or in equity to:
(1)
Prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use.
(2)
Prevent, restrain or abate such violation.
(3)
Prevent the occupancy or use of said building,
structure or land.
(4)
Prevent any illegal act, conduct, business or
use in or about such premises.
C.
The attorney for the Village, when authorized by the
Board of Trustees, shall institute all actions and proceedings, either
legal or equitable, that may be appropriate or necessary for the enforcement
of the provisions of this chapter.
