A. The Director is hereby authorized and empowered to issue an order requiring any person to cease and desist from any violation of this code or of any permit, order or other approval issued hereunder. Notice of the order and the reason or reasons therefor shall be made in writing and served by the Director upon the holder of the permit, order or other approval, either in person or by mailing the same by certified mail, return receipt requested, to the address given in the application, and upon the last known owner of the premises involved as shown on the assessment roll of the Village, and by filing a copy of said notice immediately in the office of the Village Clerk. The cease-and-desist order shall be in effect until the Village confirms that the land development activity is in compliance and the violation has been satisfactorily remedied.
B. Any permit, order or other approval issued under this code may be suspended or revoked by the issuing authority upon the failure of the holder thereof to comply with any provision of this code or of such permit, order or other approval issued hereunder. Notice of revocation and the reason or reasons therefor shall be made in writing and served by the Director upon the holder of the permit, either in person or by mailing the same by certified mail, return receipt requested, to the address given in the application, and upon the last known owner of the premises as shown on the assessment roll of the Village, and by filing a copy of said notice immediately in the office of the Village Clerk.
C. If any building or land development activity is installed or conducted in violation of this code, or in violation of any permit, order or other approval issued hereunder, the Director may prevent the occupancy of said building or land by withholding a certificate of occupancy until such violation is satisfactorily remedied.
D. Any person responsible for a violation may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within 90 days or such other reasonable time after notice that the Director may specify, the Village may take necessary corrective action, the cost of which shall become a lien upon the property involved until paid.
E. Penalties and other relief for violations.
(1) Any neglect, failure or refusal to comply with any provision of this code or any permit, order or other approval issued hereunder shall be deemed a violation thereof, and any person who shall commit such a violation, in addition to being required to abate the violation and any other penalties prescribed by law, shall, upon conviction thereof by a court of local criminal jurisdiction, be punished by a fine of not more than $500 for each offense. Each and every day such violation shall continue will constitute a separate offense;
(2) In addition to the foregoing, the Board of Trustees may, in the case of a violation of this code or any permit, order or other approval issued hereunder, commence an action in a court of competent jurisdiction which seeks:
(a) The imposition of a civil penalty of not more than $500 a day that the violation continues, with the owner and other persons who are responsible for such violation to be jointly and severally liable; and/or
(b) Injunctive relief to prevent or abate the violation.
(3) Persons found to be in violation of the provisions of this code or any permit, order or other approval issued hereunder pursuant to such civil actions or proceedings shall be liable for damages, including the legal and other costs and fees resulting from or attendant to such actions or proceedings, as well as the costs and fees incurred by the Village and/or its officers, employees, servants and agents.
F. Prior to any action being commenced pursuant to §
106-19E, the Director shall serve a notice to remedy, by certified mail, upon the person violating the provisions of this code or any permit, order or other approval issued hereunder. The period of said notice to remedy shall be prima facie evidence of noncompliance with the provisions of this code or of any permit order or other approval issued hereunder. Upon noncompliance with the notice to remedy, the Director may commence an action pursuant to §
106-19E, by the issuance of an appearance ticket for a violation brought pursuant to §
106-19E(1) or by appropriate filings for an action commenced pursuant to §
106-19E(2).
