The duty of administering and enforcing the provisions of this
chapter is hereby conferred upon the Zoning Enforcement Officer, who
shall have such powers as are conferred upon him/her by this chapter
and as reasonably may be implied therefrom. He/she shall be appointed
by the Village Board and shall receive compensation as the Village
Board shall determine. The Zoning Enforcement Officer shall have such
other and further duties as may be assigned by the Village Board pursuant
to this chapter or otherwise.
The certificates and permits enumerated herein are hereby established
for the equitable enforcement and administration of the provisions
of this chapter.
A. Zoning permit. The Zoning Enforcement Officer is hereby empowered
to issue a zoning permit for any plans regarding the construction
or alteration of any building or structures or part of any building,
or the change in the use of any land or building or part thereof,
where he/she shall determine that such plans are not in violation
of the provisions of this chapter.
B. Temporary use permit. Upon written direction of the Planning Board,
the Zoning Enforcement Officer is hereby empowered to issue a temporary
use permit. A temporary use permit shall only be effective for a period
not to exceed 12 months; such permit may be extended by the Zoning
Enforcement Officer not more than once for an additional period not
to exceed six months.
C. Special use permit. Upon written direction of the Planning Board,
the Zoning Enforcement Officer is hereby empowered to issue any special
use permit provided for by this chapter.
D. Certificate of compliance. The Zoning Enforcement Officer is hereby
empowered to issue a certificate of compliance which shall certify
that all provisions of this chapter have been complied with in respect
to the location and use of the building, structure or premises in
question.
Fees may be charged for permits issued, and processing of applications
for amendments, variances, and special use permits. The fee shall
be set by resolution of the Village Board and may be changed from
time to time in the same manner.
No land shall be used or occupied and no building hereafter
erected, altered, or extended shall be used or changed in use until
a certificate of compliance has been issued by the Zoning Enforcement
Officer in accordance with the provisions of this chapter.
[Amended 11-9-2015 by L.L. No. 3-2015]
Any violation of this chapter is hereby declared to be an offense
punishable by a fine not exceeding $350 or imprisonment not to exceed
15 days, or both for a conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 not more than
$700 or imprisonment not to exceed 15 days, or both; and upon conviction
for a third or subsequent offense, all of which were committed within
a period of five years, punishable by a fine not less than $700 nor
more than $1,000 or imprisonment for a period not to exceed 15 days,
or both. However, for the purpose of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purposes only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
Whenever a violation of this chapter occurs, any person may
file a complaint in regard thereto. All such complaints must be in
writing, signed, and shall be filed with the Zoning Enforcement Officer
who shall properly record such complaint and immediately investigate
it. Where the Zoning Enforcement Officer finds such violation, he/she
shall take appropriate action and/or submit the results of his investigation,
in writing, to the Village Board if action by them is required.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained; or any building, structure,
or land is divided into lots, blocks or sites in violation of this
chapter, or of any local law or other regulation made under authority
conferred thereby, the proper local authorities of the Village, in
addition to other remedies, may institute any appropriate action or
proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, repair, conversion, maintenance, use or division of land,
to restrain, correct or abate such violation, to prevent the occupancy
of said building, structure or land or to prevent any illegal act,
conduct, business or use in or about such premises. All issues in
any action or proceeding for any of the purposes herein stated shall
have preference over all other civil actions and proceedings.