[Added 7-16-1991 by L.L. No. 6-1991]
A. Stop-work order. The Code Enforcement Officer may
issue a stop-work order to preclude the continued and further violation
of these regulations or to protect the public health or safety. Such
stop-work order shall stay all activity in conjunction with any violation
of these regulations. Any stop-work order will stipulate that within
30 days a permit or certificate will be obtained noting compliance
with these regulations. If such permit or certificate is not obtained
by the responsible party or the work continues in violation of the
stop-work order, action by the Village will be initiated to compel
compliance, for injunction or to assess such penalties as are hereafter
provided for.
B. Correct-work notice enforcement. The responsible party
shall correct listed violations in a correct-work notice within 30
days from the date of notification. Failure to comply with said notice
shall be reported to the Village Board within 10 days of the last
date for compliance given in the notice. The Village Board may direct
the Village Attorney to institute proceedings to compel compliance
and correct violations to these regulations.
C. Permit revocation.
(1) A zoning/building permit, sign permit or special use
permit (including site plan approval) may be revoked by the Zoning
Enforcement Officer if the permit recipient fails to develop or maintain
the property in accordance with plans submitted, the requirements
of the zoning regulations or any additional requirement lawfully imposed
by the permit authorizing board.
(2) Before a permit may be revoked, notice and hearing
requirements for hearings of the Zoning Board of Appeals shall be
complied with. The notice shall inform the permit recipient of the
alleged grounds for the revocation.
(3) The burden of presenting evidence sufficient to authorize
the permit-issuing authority to conclude that a permit should be revoked
shall be upon the party advocating that position. The burden of persuasion
shall also be upon that party. Any decision by the permit-issuing
board shall include, insofar as practicable, a statement of the specified
reasons or findings of fact that support that decision. If the permit
is revoked, a written statement of the decision, along with the reasons
for the action, shall be provided to the permittee in writing.
(4) No person may continue to make use of land or buildings
in the manner authorized by any zoning/building permit, sign permit
or special use permit after such permit has been revoked in accordance
with this section.
D. Penalty.
[Amended 9-4-2001 by L.L. No. 2-2001]
(1) A violation of any of the provisions contained in
this chapter or failure to comply with any of its requirements, including
violations of any conditions and safeguards established in connection
with grants of variances, site plan approvals or the establishment
of a planned unit development, shall constitute a misdemeanor, and
upon conviction thereof, shall be punishable by a fine of not less
than $100 nor more than $250 or by imprisonment for not more than
seven days, except that:
(a)
When the person was found to have violated any
of the provisions of this chapter within the preceding five years,
the fine may be of not less than $250 nor more than $500 or by imprisonment
for not more than 15 days for each violation; and
(b)
When the person was found to have committed
two or more such violations within the preceding five years, the fine
may be of not less than $500 nor more $1,000 or by imprisonment for
not more than one year, or both.
(2) Each week that any violation continues after notification
that such violation exists shall be considered a separate offense.
These penalties shall be in addition to any other penalty provided
by law. The Village may also seek injunctive relief to prevent the
continued violation of this chapter.
E. Civil penalty. Any act constituting a violation of
the zoning regulations, including violation of any conditions or safeguards
established in connection with grants of variances, site plan approvals
or the establishment of a planned unit development, shall also subject
the offender to a civil penalty of $100. If the offender fails to
pay this penalty within 10 days after being cited for a violation,
the penalty may be recovered by the Village in a civil action in the
nature of debt. A civil penalty may only be appealed to the Zoning
Board of Appeals if the offender was sent a final notice of violation
and filed an appeal to the Zoning Board of Appeals within 30 days
of its receipt. Each week that any violation continues after notification
that such violation exists shall be considered a separate offense.
F. Injunction. In addition to the above provided penalties
and remedies, the Village Board shall reserve the right to take actions
in the name of the Village to compel compliance with or to restrain
by injunction the violation of the zoning regulations.
G. Judicial review. Any person or persons jointly or
severally aggrieved by any decisions of the Planning Board, Board
of Appeals, Village Board or any officer of the Village concerning
these regulations may have the decision reviewed in the manner provided
by Article 78 of the Civil Practice Law and Rules, provided that the
proceeding is commenced within 30 days after the receipt of written
notice of the decision. Costs shall not be allowed against the Village
unless it appears to the court that it acted with gross negligence
or in bad faith or with malice in making the decision appealed from.