§ 8-31. Penalties and violations.

(a)

Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this article shall be deemed an unlawful building, structure or use. The building inspector shall promptly report all such violations to the village board and village attorney who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this article or to cause such building, structure or use to be removed and may also be subject to a penalty as provided in section 1-12. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the building inspector or other village officials constitute a defense. Compliance with the provisions of this article may also be enforced by injunctional order at the suit of the owner of any real estate within the jurisdiction of this article.

(b)

If an inspection reveals a noncompliance with this article, the building inspector shall notify the applicant and the owner, in writing, of the violation to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted by the building inspector.

(1)

If, after written notification, the violation is not corrected within 30 days, a stop-work order may be served on the owner or his representative and a copy thereof shall be posted at the construction site. Such stop work order shall not be removed except by written notice of the building inspector after satisfactory evidence has been supplied that the cited violation has been corrected.

(2)

Each day each violation continues after the 30 day written notice period has run shall constitute a separate offense. Nothing in this article shall preclude the village from maintaining any appropriate action to prevent or remove a violation of any provision of this article.

(3)

If any construction or work governed by the provisions of this article is commenced prior to the issuance of a permit, double fees shall be charged.

(c)

Any person feeling aggrieved by an order or a determination of the building inspector may appeal from such order or determination to the board of appeals. Those procedures customarily used to effectuate an appeal to the board of appeals shall apply.

(d)

Except as may otherwise be provided by the statute or ordinance, no officer, agent or employee of the village charged with the enforcement of this article shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article. Any suit brought against any officer, agent or employee of the village as a result of any act required or permitted in the discharge of his duties under this article shall be defended by the legal representative of the village until the final determination of the proceedings therein.

(Code 1990, § 15-1-14)