§ 8-414. Violations and penalties.

(a)

It shall be an offense for any person to engage in construction work in violation of the provisions of this article, any permit condition, or, of any plan approved for construction at the site. Each contractor, property owner and permittee shall be responsible for the acts or omissions of their agents, employees, contractors, subcontractors or others working on their behalf with respect to the construction work.

(b)

In addition to the authority stated in section 8-413, upon determination of the village that there has been a violation of any of the provisions of this article, the village shall have the authority and discretion, depending upon the nature and circumstances of the violation, to issue a written warning of violation, a local ordinance citation, and/or a stop work order with respect to any or all offenses committed.

(c)

Any violation for which a written warning has been issued within the previous 180 days shall result in the issuance of a local ordinance citation.

(d)

The Director of Community Development shall have the authority to issue a stop work order under the following circumstances:

(1)

The condition of the construction site is such that it poses a potential hazard and endangers the public health, safety, or welfare of those on the site as well as adjacent thereto;

(2)

The construction site has been the subject of enforcement six times, within an 180-day period, either by way of the issuance of written warnings and/or local ordinance citations.

(e)

Should a stop work order be issued under this article, the permittee and contractor shall be entitled to meet, within two business days of the alleged violation, with the Director of Community Development, or designee, and present evidence as to the violation. If the Director of Community Development determines that there is good cause to believe that there was a violation as alleged, the permittee shall be required to submit a plan of compliance setting forth in detail the methods and controls to be used at the site to ensure future compliance with all applicable code provisions. Upon the approval of the plan of compliance by the Director of Community Development and the payment to the village by the permittee of a $1,000.00 stop work order administrative fee, permittee shall be allowed to resume construction at the site.

(f)

The Director of Community Development shall have the authority to revoke a previously issued building or demolition permit when:

(1)

It is determined that the building or demolition permit was issued in error, on the basis of incorrect information supplied, or in violation of any ordinance, regulation or provision of this Code.

(2)

The permittee or property owner fail or refuse, after receipt of a stop work order, to cease work at the site. Permits revoked under this section may be reinstated upon the determination of the Director of Community Development that the site has been brought into compliance. In addition, a $1,000.00 reinstatement fee shall be paid to the village by the permittee or property owner before any such permit is reinstated.

(g)

Each day that any construction site remains in violation of any of the requirements of this article, shall be deemed a separate offense. Each offense for which a citation has been issued under this article shall be punishable by a fine in an amount not less than $75.00 for the first offense; not less than $100.00 for any second offense; and not less than $250.00 for any subsequent offense. The maximum fine to be imposed under this section shall be $1,500.00 for each offense.

(h)

Any person, firm or corporation convicted of a violation of section 8-411(d) shall be guilty of an ordinance violation, punishable by a fine of not less than $250.00 for the first offense and not less than $500.00 for any subsequent offense. The maximum fine shall be $1,500.00 for each offense.

(i)

No certificate of occupancy shall be issued for any construction undertaken pursuant to the provisions of this chapter until such time as all penalties and fines have been resolved to the satisfaction of the Director of Community Development.

(Code 1993, § 9-4.4.1; Ord. No. 2006-O-85, 11-14-2006)