There may be instances where a land use has become unsafe through neglect or lack of maintenance and has become a threat to the public health, safety, or welfare. This division describes the requirements and procedures for terminating an unsafe situation.
Only the Zoning Administrator may initiate the process for a determination of unsafe conditions. If the Zoning Administrator, in consultation with Village staff, determines that a land use authorized under this chapter is unsafe, the Zoning Administrator shall mail a written notice to the property owner by certified mail. Such notice shall state the reasons why the Zoning Administrator believes the use is unsafe; contact information for the Zoning Administrator, including telephone number; and other information deemed appropriate by the Zoning Administrator.
If a permit or other approval is revoked or suspended on account of the determination of unsafe conditions, the decision notice shall include the following:
A. 
A statement that the permit or other approval is revoked or suspended and a date when the revocation or suspension must be complied with;
B. 
Reasons for the revocation or suspension;
C. 
Conditions that must be satisfied to reinstate the approval if the permit or other approval is suspended;
D. 
A statement that the decision may be appealed as provided for in this division;
E. 
The signature of the Zoning Administrator;
F. 
Any other information the Zoning Administrator deems appropriate; and
G. 
The date of the decision.
The person having a development interest in the original development order may appeal a final decision made by the Zoning Administrator to the Planning Commission pursuant to this division within 30 days of the final decision.
The general steps outlined below shall be used in an appeal of a Zoning Administrator decision to terminate an unsafe land use authorized under this chapter.
A. 
Staff review. Within 30 days of submittal of the appeal, the Zoning Administrator shall schedule a date for a public hearing allowing for proper public notice.
B. 
Special notice to property owner. The Zoning Administrator shall mail a written notice to the property owner by certified mail at least 21 days prior to the date of the public hearing.
C. 
General public notice. Consistent with Division 2 of Article 5, the Zoning Administrator shall provide for a Class 2 public notice, property owner notice, and meeting agenda notice.
D. 
Public hearing. Allowing for proper notice, the Planning Commission shall conduct a public hearing consistent with Division 3 of Article 5. Prior to the close of the public hearing, the applicant or the Commission may request a continuance consistent with Division 3 of Article 5.
E. 
Decision. After the public hearing has been closed, the Commission shall approve or deny the appeal. The Commission may render its decision at the same meeting the public hearing is conducted or at a subsequent meeting, but no later than 40 days after the public hearing.
F. 
Preparation of decision notice. Based on the action of the Commission, the Zoning Administrator shall prepare a decision notice consistent with this division.
G. 
Applicant notification. Within a reasonable time following the Commission's decision, the Zoning Administrator shall mail the decision notice by regular mail to the property owner.
H. 
Public record copy. A duplicate copy of the decision notice shall be retained as a public record.
The Planning Commission in making its decision shall consider the following factors:
A. 
The type and nature of unsafe conditions;
B. 
Potential remedies to correct unsafe conditions; and
C. 
Any other factor not listed above, but which relates to the public health, safety, or welfare.
The staff report to the Planning Commission shall contain the following information:
A. 
The type and nature of the unsafe conditions;
B. 
Potential remedies to correct the unsafe conditions; and
C. 
Other information as is deemed necessary.
The decision notice shall include the following:
A. 
A statement that the permit or other approval is revoked or suspended and a date when the revocation or suspension must be complied with, or a statement that the Zoning Administrator's decision has been overturned and that the land use can be reinstated;
B. 
Reasons for the revocation or suspension, or reinstatement;
C. 
Conditions that must be satisfied to reinstate the approval if the permit or other approval is suspended;
D. 
A statement that the decision may be appealed as provided for in this division;
E. 
The signature of the Zoning Administrator on behalf of the Planning Commission;
F. 
Other information the Planning Commission or Zoning Administrator deems appropriate; and
G. 
The date of the decision.
The person having a development interest in the original development order may appeal a final decision made by the Planning Commission pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 days of the final decision.
In addition to the revocation or modification of the development order, the Village Board may seek other remedies allowed by law.