[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.]
A.
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.
[Amended 1-8-2018 by Ord.
No. 18-1-8-4; 11-15-2021 by Ord. No. 21-11-15-2]
(1)
Commercial
permit fee. When such construction exceeds $500 and is commercial
and not residential in nature, the fee for said permit shall be set
at $1.50 per $1,000 of the projected cost. There will be a minimum
of $300 per commercial project should the cost not be in excess of
$200,000.
B.
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.
[Amended 11-15-2021 by Ord. No. 21-11-15-2]
The applications with plans required by § 127-2 shall be examined by the Village President or their designee to determine whether the proposed construction or alternations complies with the restrictive covenants, including setback lines, if any; the International Building Code (IBC), 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 hererafter; 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]
A.
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.
B.
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.
C.
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.
D.
Notice of violation.
(1)
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.
(2)
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:
(a)
By allowing a violation of this chapter to occur, the Village may
pursue legal action to collect fines and costs allowed by this chapter;
(b)
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
(c)
Such implied consent shall be deemed to form a contract between such
owner and the Village for the abatement or removal.
E.
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.
F.
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.
G.
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.
H.
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.
(1)
Lien.
(a)
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:
(b)
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.
(2)
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.
