[HISTORY: Adopted by the Board of Trustees of the Village
of Oakwood as Title 15, Ch. 15.04, of the 1980 Code; amended in its
entirety 6-19-2023 by Ord. No. 23-06-19-03. Subsequent amendments noted
where applicable.]
This chapter is adopted for personal and property protection
such that the public health, safety, comfort, morals, and welfare
may be otherwise promoted, and:
A.
To regulate and limit the height and bulk of buildings hereafter
to be erected.
B.
To establish, regulate and limit the buildings or setback lines on
or along any street, trafficway, drive or parkway.
C.
To regulate and limit the intensity of lot areas, and to regulate
and determine the area of open spaces, within and surrounding such
buildings.
D.
To regulate and restrict the location of trades and industries and
the location of buildings designed for specified industrial, business,
residential and other uses.
E.
To guide the Village of Oakwood in planning districts (according
to use of land and buildings, height and bulk of buildings, intensity
of the use of lot areas, area for open space or other classification)
as may be deemed best suited to carry out the purposes of this chapter.
F.
To prohibit use of, modification of, or construction of buildings
or structures incompatible with the character as may be deemed best
suited to carry out the purposes of this chapter.
G.
To prevent additions to and alteration or remodeling of existing
buildings or structures in such a way as to avoid the restrictions
and limitations lawfully imposed under this chapter.
Any building or accessory building construction or addition,
or exterior modification, improvement, replacement, or repair must
comply with the International Building Code 2021, the International
Residential Code 2021, and the National Electrical Code 2022; and
any related references contained therein.
A.
Any building or accessory building construction or addition, or exterior
modification, improvement, replacement, or repair valued at more than
$1,000 must comply with the regulations herein.
B.
Any fence construction, addition, or replacement of any value must
comply with the regulations herein.
C.
Any parking space construction, addition, or replacement of any value
must comply with the regulations herein.
D.
Any signage construction, addition, or replacement of any value must
comply with the regulations herein.
Interior building modification, improvement, replacement, or
repair, except structural or plumbing, are exempt.
It is unlawful to construct or alter any building or structure
in the Village when the cost of such construction exceeds $1,000 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.
A.
Commercial permit fee. When such construction is commercial or industrial
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 or industrial project should the cost not be
in excess of $200,000.
Requests for approval to commence work on any private or public
property within the Village of Oakwood (hereafter "permit application")
shall be submitted at the Village of Oakwood Village Hall 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.
A.
Any site visits required for permit approval will be conducted Monday
through Friday, 8:00 a.m. CST to 4:00 p.m. CST. Permit applicants
are required to:
(1)
Schedule on-site visits with the Village of Oakwood;
(2)
Provide unfettered access to the site as necessary to complete the
permit application review;
(3)
Complete all required paperwork required by the Village of Oakwood;
and
(4)
Ensure utilities are identified by a qualified person prior to any
scheduled site visit.
The applications with plans shall be examined by the Board of
Trustees or their designee to determine whether the proposed construction
or alterations comply 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 hereafter; or any other applicable provisions
of any ordinances or resolutions adopted by the Board of Trustees.
Upon approval by either the Board of Trustees or their designee, a
permit shall be issued to the applicant. Approvals of requests shall
be in writing with approved and signed permit cards after proper review
and approval, subject to any public hearings, notices, or periods
of review required by the State of Illinois or by order of this chapter.
All permit applications are, by default, in a state of unapproved
until such approval is given in writing. No work may commence until
such time as the approval is given in writing. Anyone, private citizen,
or contractor, commencing work within the application of this chapter
and without written approval is in violation of this chapter, and
may be issued a stop-work notice, and may be thereafter fully prosecuted
under the laws of this state.
A.
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 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 attorney's
fees.
B.
Any work conducted without approval may require the property owner
to correct at their own expense. The Village is not liable for loss
of used materials and labor.
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 A. 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.
It is the obligation of the property owner to ensure that all work
conducted under this chapter is done so in complete compliance with
this chapter and any laws of the State of Illinois.
Upon determining that a violation of this chapter exists, the
Oakwood Chief of Police or designee 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.
A.
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 determined to be reasonable by the Oakwood
Chief of Police. The notice shall state further that:
(1)
By allowing a violation of this chapter to occur, the Village may
pursue legal action to collect fines and costs allowed by this chapter;
(2)
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
(3)
Such implied consent shall be deemed to form a contract between such
owner and the Village for the abatement or removal.
B.
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 notice from the Village, regardless of
whether the Village or its agents are required to abate the violation.
C.
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.
D.
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.
E.
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.
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. All individuals conducting such work must also comply
with the following:
A.
Any individual or individuals hired for services in the Village of
Oakwood, and not hired as an independent contractor, is hired as an
employee of the property owner and said property owner shall assume
the responsibilities and liability for services of the same as if
they were provided the services themselves, and must provide applicable
licensure, insurance and bonding, including worker's compensation
insurance and automobile liability insurance.
B.
All independent contractors hired for services in the Village of
Oakwood applicable to this chapter must be registered with the Village
prior to commencing work and must provide applicable licensure, insurance,
and bonding.
A.
The person who owns or controls any property, after being notified
that a violation exists on his/her property, may appeal that determination
in the manner set forth herein. Appeal of such determination shall
be taken by filing a written appeal not more than 15 calendar days
following the date of in-person delivery or of mailing of the notice
of the violation provided for in this section. The appeal shall be
addressed to the Village Board of Trustees through the office of the
Village Clerk. The appeal will be reviewed and voted on at the next
scheduled voting session by the Village Board of Trustees.
B.
If the notice to remove violation is not reversed as provided for
herein, the Village of Oakwood Chief of Police shall notify or cause
an Oakwood Police Department Officer to notify the person who owns
or controls any property in writing by in-person delivery or by certified
mail, that the Village Board of Trustees failed to accept the appeal
and the property ordinance violation must be eliminated, at the expense
of such person, within 15 calendar days of the date such notice is
sent.
C.
If the notice to remove violation is reversed as provided for herein,
the Village of Oakwood Chief of Police shall notify or cause an Oakwood
Police Department Officer to notify the person who owns or controls
any property in writing by in-person delivery or by certified mail,
that the Village Board of Trustees succeeded in accepting the appeal
and the notice to remove violation is rescinded.
If the violation is not removed within 30 calendar days, as
provided above, or in the event of appeal, within 15 calendar days
following notice that the Village Board of Trustees failed to reverse
the determination, and there is no cooperation or agreeable solution,
the Village President may cause an ordinance violation case to be
filed in court and seek fines and an injunction requiring removal
of the violation; or may cause the removal of the violation by the
Village and the cost of such removal shall be charged against the
owner and the property on which the obstruction occurred. The owner
or person in charge of the property shall pay said cost of removal
within 30 calendar days of receipt of a statement of said cost.
The Village Board of Trustees may revoke any permit issued by
it upon failure of the holder thereof to comply with any provision
of this chapter, but only after a hearing before the Village Board
of Trustees is held no less than 15 days after notice is given to
the permit holder.
All ordinances, resolutions, and orders or parts of such in
conflict with this chapter are repealed to the extent of such conflict.
This chapter shall be in full force and effect from and after
its passage, approval and publication in pamphlet form as provided
by law.
