[HISTORY: Adopted by the Board of Trustees of the Village of Oakwood as Title 15, Ch. 15.04, of the 1980 Code. Amendments noted where applicable.]
It is unlawful to construct or alter any building or structure in the Village when the cost of such construction exceeds $500 or when the effect of such construction or alteration is to enlarge the capacity or affect the bearing walls of any building or the roof thereof without having first secured a permit therefor.
It shall be unlawful to erect, construct, alter, extend, repair, remove or demolish any structure regulated by this chapter contrary to or in conflict with or in violation of any of the provisions of this chapter.
[Added 8-14-2006 by Ord. No. 06-08-14-2]
Application for such permits shall be made to the Building Inspector or Village President and shall be accompanied by plans and specifications showing the work to be done. Such plans shall be verified by the signature of either the owner of the premises or the architect or contractor in charge of the construction.
The applications with plans required by § 127-2 shall be examined by the Building Inspector or Village President to determine whether the proposed construction or alteration complies with the restrictive covenants, including building setback lines, if any; the National Building Code, which is incorporated in this section by reference as if specifically set forth in this section and is adopted as the standards for construction of all buildings constructed or altered hereafter; or any other applicable provisions of any ordinances or resolutions adopted by the Board of Trustees. Upon either the Building Inspector's or the Village President's approval of said application, a permit shall be issued to the applicant.
In the event the Building Inspector or Village President fails to approve the application provided for in § 127-2, the applicant may appeal the ruling of the Building Inspector or Village President to the full Board of Trustees at its next regular session, which board shall then decide whether the permit shall be issued or denied.
It is unlawful to vary materially from the plans and specifications contained in the original application unless such variations are submitted in an amended application to the Building Inspector or Village President and approved by him or upon appeal approved by the Village Board of Trustees.
[Amended 8-14-2006 by Ord. No. 06-08-14-2]
The Building Inspector or Village President shall make or cause to be made such inspections as are necessary to see to the enforcement of the provisions of this chapter and to make any test or examinations of materials or methods to be used for the purpose of seeing that they comply with the provisions of this chapter.
Any person, firm, or corporation found guilty of violating any provision of this chapter shall, in addition to any other remedy allowed by this chapter, be fined not less than $750 for each offense. Each day that a violation occurs or continues shall constitute a separate offense. In addition to any fine imposed hereunder, the violator shall be ordered to pay all of the costs incurred by the Village in prosecuting the violation, which shall include but not be limited to the costs associated with any court proceedings or any appeal therefrom and reasonable attorneys fees.
In case of any violations of this chapter, the Village President, on behalf of the Village, is authorized to institute an appropriate action or proceeding at law to exact the penalty (fine) provided in Subsection B. In addition, the Village President may seek to proceed at law or in equity against the party responsible for the violation for the purpose of ordering said party to restrain, correct or remove the structure in violation or refrain from any further execution of work.
Notice of violation.
Upon determining that a violation of this chapter exists, the Village President shall serve a written notice of such violation by personal service or by first class mail to the owner(s) at his/her/their last known address, and a copy of such notice shall be sent to the occupant (when applicable) of the property where the violation exists. If such owner or occupant cannot be located after reasonable inquiry, posting in a conspicuous place on the subject property shall be sufficient notice.
Such violation notice shall describe all violations and shall direct the owner or the occupants of the property to abate or remove such violation within a period of time determined to be reasonable by the Village President. The notice shall state further that:
By allowing a violation of this chapter to occur, the Village may pursue legal action to collect fines and costs allowed by this chapter;
The failure of such owner or occupant to abate the violation(s), as required by the notice, within the time allowed by the notice, shall be deemed an implied consent for the Village to abate or remove such violation; and
Such implied consent shall be deemed to form a contract between such owner and the Village for the abatement or removal.
In addition to any penalties provided for in this chapter, the Village shall, in enforcement cases, charge an inspection/enforcement fee of $100 per structure to cover a portion of its administration costs. This expense shall be assessed against the owner and/or occupant of any property which receives a notice from the Village, regardless of whether the Village or its agents are required to abate the violation.
If a violation of this chapter is not abated or removed after notice pursuant to this section and within the time specified in the notice, the Village President may initiate any reasonable effort to cause the abatement or removal of such violation. The responsible owner or occupant shall reimburse the Village for any costs incurred as a part of its abatement efforts.
Costs and expenses under this chapter include but are not limited to the actual costs and expenses in time of Village employees or Village-authorized contractors and in materials concerning the actual actions of abatement of the violation pursuant to this chapter, transportation to and from the property, title searches or certifications, preparation of lien documents, foreclosure and other related expenses, including but not limited to reasonable attorneys expenses and court costs.
If the costs of abating, administrative expenses and removing the nuisance remain unpaid 45 days after billing the responsible party, the Village, at its option, may file a lien upon the real estate where the violation was abated or removed, or commence proceedings in the Circuit Court seeking a personal judgment from the owner of such property where the violation was abated or removed, or from an occupant where applicable.
When the Village exercises its right to file a lien upon the real property where the violation was abated or removed, the Village may file a notice of lien in the office of the Recorder, Vermilion County, Illinois. Such notice shall consist of a sworn statement setting out:
Upon payment of the cost and expense by the owner or any person interested in such property, after the notice of lien has been filed, the lien shall be released by the Village and the release may be filed with the Recorder. The lien may be enforced by proceedings of foreclosure, as provided by law. Interest on the lien shall accrue at the rate of 6% per annum.
Personal judgment. When the Village exercises its right to obtain a personal judgment against an owner or occupant for the cost of abatement or removal of a violation, the Village shall file an action in the Circuit Court against any person or persons to whom notice was sent. The action shall be based upon the implied consent by those persons to abatement or removal of the violation. The action authorized by this chapter shall be in addition to and without waiver of any other remedy allowed by this chapter and state statutes.
The Village Board of Trustees, by resolution, shall establish a schedule of fees to be charged to applicants for building permits.
[Added 8-14-2006 by Ord. No. 06-08-14-2]
It shall be unlawful for the owner of any dwelling unit or structure who has received a notice of violation to sell, transfer, mortgage, lease, or otherwise dispose of to another until the provisions of the notice of violation have been complied with or until such owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of any compliance order or notice of violation issued by the Village and shall furnish to the Village a signed and notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging the receipt of such notice of violation and fully accepting the responsibility, without condition, for making the corrections or repairs required by such notice of violation.