§ 8-413. Notice of violation.

(a)

Upon the determination of the village that a construction site is in violation of with any of the terms of this article, or that a construction site poses a health or safety risk, the village shall provide notice to the property owner, its contractor or agents of the violation. Upon due notice, the construction site shall be brought into compliance within the time directed by the village, but in no event more than 24 hours from the time of notice. If the violation is not corrected within the time directed, the village shall have the right, but not the obligation, to correct the violation and charge all costs and fees to the permittee or property owner. Upon the failure of the permittee or property owner to reimburse the village within ten days after demand for payment has been made, the village shall have the right to place a lien on the subject property for all costs incurred pursuant to this section.

(b)

If at any time the village determines that an emergency situation exists endangering the public health, safety, or welfare; creating a potential liability for the village; or endangering the village streets, utilities or other public property, and if the timing or nature of the situation precludes advance notification as provided in subsection (a) of this section, the village shall have the right to enter the construction site and take all necessary actions to minimize or prevent the effects of the emergency. Any and all loss, damage, costs and expenses, including legal fees and administrative costs, incurred by the village in the course of exercising its rights pursuant to this section, or incurred in repairing or restoring damage to the public right-of-way or other public property shall be reimbursed by the property owner. The village shall not be responsible for any loss or damage incurred as a result of exercising its rights under the section. Upon the failure of the permittee or property owner to reimburse the village within ten days after demand for payment has been made, the village shall have the right to place a lien on the subject property for all costs incurred pursuant to this section.

(Code 1993, § 9-4.4; Ord. No. 2001-O-59, 9-11-2001; Ord. No. 2006-O-85, 11-14-2006)