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CHAPTER 2 – COMMISSIONS AND BOARDS


Article 1 – Library Board
SECTION 2-101: LIBRARY; OPERATION AND FUNDING
SECTION 2-102: MEMBERS; TERMS
SECTION 2-103: OFFICERS; MEETINGS
SECTION 2-104: POWERS AND DUTIES
SECTION 2-105: ANNUAL REPORT TO VILLAGE BOARD
SECTION 2-106: LIBRARY; RULES AND REGULATIONS
SECTION 2-107: LIBRARY; COST OF USE; VIOLATION OF RULES
SECTION 2-108: LIBRARY; BOOK REMOVAL
SECTION 2-109: LIBRARY; LOST and DAMAGED MATERIALS
SECTION 2-110: LIBRARY; UNWANTED BOOKS
Article 2 ─ Airport Authority
Section 2-201: OPERATION BY village board
Article 3 – Parks and Recreation
SECTION 2-301: OPERATION AND FUNDING
SECTION 2-302: UTILITIES SUPERINTENDENT; DUTIES
SECTION 2-303: PARK; INJURY TO PROPERTY; LITTERING
SECTION 2-304: PARK; CLOSING TIME
Article 4 – Swimming Pool
Section 2-401: OPERATION AND FUNDING
Section 2-402: RULES AND REGULATIONS
Section 2-403: ADMISSION CHARGE
Section 2-404: RENTALS
Article 5 – Board of Health
SECTION 2-501: MEMBERS; TERMS
SECTION 2-502: OFFICERS; MEETINGS
SECTION 2-503: DUTIES
SECTION 2-504: ENFORCEMENT OFFICIAL
SECTION 2-505: STATE RULES
SECTION 2-506: COUNTY HEALTH BOARD
Article 6 – Tree Board
SECTION 2-601: MEMBERS
SECTION 2-602: DUTIES AND RESPONSIBILITIES
SECTION 2-603: TREES; DEFINITIONS
SECTION 2-604: TREES; SPECIES TO BE PLANTED
SECTION 2-605: TREES; SPACING
SECTION 2-606: TREES; DISTANCE FROM CURB AND SIDEWALK
SECTION 2-607: TREES; DISTANCE FROM STREET CORNERS AND FIRE HYDRANTS
SECTION 2-608: TREES; UTILITIES
SECTION 2-609: TREES; MAINTENANCE, REMOVAL; PLANTING BY ADJACENT PROPERTY OWNERS
SECTION 2-610: TREES; CONSENT OF PROPERTY OWNER
SECTION 2-611: TREES; TOPPING
SECTION 2-612: TREES; PRUNING; CORNER CLEARANCE
SECTION 2-613: TREES; DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY
SECTION 2-614: TREES; REMOVAL OF STUMPS
SECTION 2-615: INTERFERENCE WITH TREE BOARD
SECTION 2-616: ARBORIST’S LICENSE AND BOND
Article 7 – Board of Adjustment
SECTION 2-701: TERMS OF MEMBERS
SECTION 2-702: POWERS and DUTIES
SECTION 2-703: APPEAL; FEE
Article 8 – Penal Provision
SECTION 2-801: VIOLATION; PENALTY

CHAPTER 2 – COMMISSIONS AND BOARDS
Article 1 – Library Board
SECTION 2-101: LIBRARY; OPERATION AND FUNDING
The Village owns and manages the village library through the Library Board. The Village Board, for the purpose of defraying the cost of the management, purchases, improvements, and maintenance of the library, may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the Village that is subject to taxation. The revenue from the said tax shall be known as the library fund and shall include all gifts, grants, deeds of conveyance, bequests, or other valuable income-producing personal property and real estate from any source for the purpose of endowing the library. The said fund shall at all times be in the custody of the village treasurer. The Library Board shall have the power and authority to appoint the librarian and to hire such other employees as it may deem necessary and may pass such other rules and regulations for the operation of the library as may be proper for its efficient operation. All actions by the Library Board shall be under the supervision and control of the Village Board. (Neb. Rev. Stat. §51-201, 51-202, 51-211)
SECTION 2-102: MEMBERS; TERMS
A. The Library Board shall consist of five members who are residents in the Village. However, two of such members may be residents of the area over which the Village is authorized to exercise extraterritorial zoning and subdivision regulations. Upon recommendation by the Library Board, said members shall be appointed by a majority vote of the Village Board and shall serve four-year terms of office. No member of the Village Board shall serve as a member of the Library Board while serving a term of office as a member of the Village Board. The members shall serve without compensation.

B. Members shall be limited to serving no more than two consecutive four-year terms except that a member may be reappointed if no other person is willing to serve, and persons who have served their maximum consecutive terms may once again become eligible after a two-year lapse. The length of each term shall be specifically stated by the Village Board at the time of initial appointment; provided, however, that each term shall commence on July 1 each year.

C. Vacancies in the membership shall be filled for the unexpired term in the same manner as the original appointment. All members may, after a public hearing before the Village Board, be removed by a majority vote of the board members for inefficiency, neglect of duty, malfeasance in office or other good and sufficient cause. (Neb. Rev. Stat. §51-202)

SECTION 2-103: OFFICERS; MEETINGS
The Library Board shall meet at such times as the Village Board may designate. At the time of the first meeting in July of each year, the members shall organize by selecting from their number a chairperson, vice-chairperson, and secretary. No member of the Library Board shall serve in the capacity of both chairperson and secretary. It shall be the duty of the chairperson to preside at all meetings and to report to the Village Board at its last meeting of the month the findings of the Library Board. It shall be the duty of vice-chairperson to perform the duties of the chairperson in his or her absence. It shall be the duty of the secretary to prepare an agenda for all regular and special meetings, to keep the full and correct minutes and records of all meetings and to file the same with the village clerk, where they shall be available for public inspection during office hours within ten working days or before the next board meeting, whichever is earlier. A majority of the board members shall constitute a quorum for the transaction of business. Special meetings may be held upon the call of the chairperson or any three board members. (Neb. Rev. Stat. §51-202)
SECTION 2-104: POWERS AND DUTIES
The Library Board shall have the authority to appoint a librarian and all other library employees. It shall be the duty of the board to have general charge of the village library and to establish appropriate rules and regulations for the management, operation, and use of the same. The board shall have supervisory authority over all employees of the library including the librarian. All actions of the board shall be subject to the review and supervision of the Village Board. The Library Board shall be responsible for making such reports and performing such additional duties as the Village Board may designate from time to time. (Neb. Rev. Stat. §51-201, 51-202, 51-211)
SECTION 2-105: ANNUAL REPORT TO VILLAGE BOARD
The Library Board shall, on or before the second Monday in February in each year, make a report to the Village Board of the condition of its trust on the last day of the prior fiscal year. The report shall show all money received and credited or expended; the number of materials held, including books, video and audio materials, software programs, and materials in other formats; the number of periodical subscriptions on record, including newspapers; the number of materials added and the number withdrawn from the collection during the year; the number of materials circulated during the year; and other statistics, information, and suggestions as the Library Board may deem of general interest or as the Village Board may require. The report shall be verified by affidavit of the proper officers of the Library Board. (Neb. Rev. Stat. §51-213)
SECTION 2-106: LIBRARY; RULES AND REGULATIONS
The Library Board shall establish rules and regulations for the governing of the village library and for the preservation and efficient management thereof. By general rules it shall fix and impose penalties and forfeitures for injury to the library grounds, rooms, books, or other property or for failure to return a book. All fees, penalties and forfeitures may be collected in civil action in the event of failure, neglect or refusal to pay the said assessments. (Neb. Rev. Stat. §51-205, 51-214)
SECTION 2-107: LIBRARY; COST OF USE; VIOLATION OF RULES
Use of the public library shall be free for the inhabitants of the Village. The librarian may exclude from the use of the library and reading rooms any person who shall willfully violate or refuse to comply with the rules and regulations established for the government thereof. (Neb. Rev. Stat. §51-201, 51-212)
SECTION 2-108: LIBRARY; BOOK REMOVAL
It shall be unlawful for any person not authorized by the regulations made by the Library Board to take a book from the library without the consent of the librarian or an authorized employee of the library. Any person removing a book from the library without properly checking it out shall be deemed guilty of an offense. (Neb. Rev. Stat. §51-211)
SECTION 2-109: LIBRARY; LOST and DAMAGED MATERIALS
Any person who injures or fails to return any item checked out from the library shall forfeit and pay not less than the value of the item in addition to any replacement costs and penalty which the Library Board may assess. (Neb. Rev. Stat. §51-211)
SECTION 2-110: LIBRARY; UNWANTED BOOKS
The Library Board may authorize the sale, exchange, or disposal of any surplus, damaged, defective, obsolete, or duplicate books in the Library. Records shall be kept of any such books so disposed of. (Neb. Rev. Stat. §51-207)

Article 2 ─ Airport Authority
Section 2-201: OPERATION BY village board
A. The existence of the Airport Authority was terminated on Aug. 2, 2010 and all members of the Airport Authority were deemed to have resigned their positions as board members of the authority. The Village Board agreed to accept all of the rights and properties of the Airport Authority, including all of its funds, and to undertake the operation of the airport and any related projects. The village chairman was authorized to execute any and all documents to accomplish transfer of all the rights and properties of the Airport Authority, including all funds, from the said authority to the Village Board.

B. The Village Board agreed to lease the concrete pad located at the airport for building purposes and the said lessee agreed to act as the airport manager for the term of the lease.
(Res. No. 20100803)

 

Article 3 – Parks and Recreation
SECTION 2-301: OPERATION AND FUNDING
The Village owns and operates the parks and other recreational areas through the utilities superintendent. The Village Board, for the purpose of defraying the cost of the care, management, and maintenance of the village parks, may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from the said tax shall be known as the Park Fund and shall remain in the custody of the village treasurer. The superintendent shall have the authority to adopt rules and regulations for the efficient management of the village parks and other recreational areas of the Village. The superintendent shall not enter into a contract of any nature which involves an expenditure of funds, except for ordinary operating expenses, unless the contract has been approved by resolution of the Village Board prior to the contractual agreement. (Neb. Rev. Stat. §17-948 through 17-952)
SECTION 2-302: UTILITIES SUPERINTENDENT; DUTIES
The utilities superintendent shall have the responsibility for the management and operation of the municipal parks subject to the general control and directives of the Village Board. He shall at least every six months make a detailed report to the board on the condition of the municipal parks and shall direct its attention to such improvements, repairs and other items as he may believe are needed, along with an estimate of the cost thereof. He shall have such other duties as the Village Board may delegate to him. (Neb. Rev. Stat. §17-214, 17-541, 17-543)
SECTION 2-303: PARK; INJURY TO PROPERTY; LITTERING
A. It shall be unlawful for any person to maliciously or willfully cut down, injure, or destroy any tree, plant, or shrub; to injure or destroy any sodded or planted area; or injure or destroy any building, structure, equipment, fence, bench, table, or any other property of the village parks and recreational areas.

B. No person shall commit any waste on or litter the village parks or other public grounds.
(Neb. Rev. Stat. §17-563, 28-523)
SECTION 2-304: PARK; CLOSING TIME
The village park, encompassing both the combination baseball, softball and football field, the play area, the small softball-baseball field and the running track around the latter, shall hereafter be closed at 11:00 p.m. each and every night, except those nights when an organized softball, baseball or football game or other organized community activity sanctioned by the Village Board has been scheduled. In such events, the closing time for said park shall be 11:00 p.m. or one-half hour after the end of any such activity, whichever shall be the later time. Closing of said park shall mean no person or persons shall be allowed to enter and remain upon the above-defined park premises after said closing time without written permission of the Village Board, as provided hereinafter.
SECTION 2-305: PARK; SANCTIONED ACTIVITIES
Sanctioned activities pursuant to this article which shall not require the written permission of the Village Board shall include softball and baseball games played pursuant to scheduled games in a league or makeup games thereunder, high school or junior high school football games and track meets, and softball and baseball tournaments which are conducted in conjunction with a league. All other activities of whatever kind or nature shall require written permission for the conduct thereof which may be granted by the Village Board and signed by the chairman and secretary after passage of a motion for the same.

Article 4 – Swimming Pool
Section 2-401: OPERATION AND FUNDING
A. The Village owns and manages the swimming pool. The Village Board, for the purpose of defraying the cost of the management, maintenance, and improvements of the swimming pool, may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the Village that is subject to taxation. The revenue from the said tax shall be known as the swimming pool fund and shall include all gifts, grants, deeds of conveyance, bequests, or other valuable income-producing personal property and real estate from any source for the purpose of endowing the swimming pool. The swimming pool fund shall at all times be in the custody of the village treasurer.

B. The Village Board shall manage the swimming pool and shall have the power and authority to hire and supervise the swimming pool manager and such employees as it may deem necessary, and shall pass such rules and regulations for the operation of the swimming pool as may be proper for its efficient operation.
(Neb. Rev. Stat. §17-948, 17-951, 17-952)

Section 2-402: RULES AND REGULATIONS
The Village Board shall have the power and authority to enact bylaws, rules, and regulations for the protection of those using the swimming pool and for the efficient management thereof. Suitable penalties may be provided for the violation of such bylaws, rules, and regulations, subject to review and supervision. (Neb. Rev. Stat. §17-949)
Section 2-403: ADMISSION CHARGE
The Village Board may, for the purpose of defraying the expenses involved in maintaining, improving, managing, and beautifying the swimming pool, make a reasonable admission charge for its use by any person. The said charges shall be on file at the office of the village clerk and shall also be posted in a conspicuous place at the pool for public inspection. Such rates may be structured for classes of persons in a reasonable manner; provided, nothing herein shall be construed to permit or allow discrimination on the basis of race, creed, color, or national origin in the classification of persons for admission charges. (Neb. Rev. Stat. §17-949)
Section 2-404: RENTALS
The Village Board shall have the authority to rent the swimming pool to such organizations and other persons as it may in its discretion see fit. The board shall prescribe rules and regulations for such rentals and shall require an appropriate number of qualified lifeguards to be in attendance during the rental period. Such fees and other costs shall be on file at the office of the village clerk and posted in a conspicuous place at the pool. (Neb. Rev. Stat. §17-949)

Article 5 – Board of Health
SECTION 2-501: MEMBERS; TERMS
The Village Board shall appoint a Board of Health consisting of three members, including the chairman of the Village Board, who shall serve as chairperson, and two other members. One member shall be a physician or health care provider, if one can be found who is willing to serve. Such physician or health care provider, if appointed, shall be the medical advisor. If the Village Board has appointed a police chief, he may be appointed to the Board of Health and serve as secretary and quarantine officer. The members of the board shall serve one-year terms of office, unless removed by the village chairman with the advice and consent of the trustees. (Neb. Rev. Stat. §17-208)
SECTION 2-502: OFFICERS; MEETINGS
The members of the Board of Health shall reorganize at the first meeting in December of each year. No member of the Board of Health shall hold more than one Board of Health position. The secretary shall keep full and correct minutes and records of all meetings and file the same with the village clerk, where they shall be available for public inspection during office hours. A majority of the board shall constitute a quorum for the purpose of doing business. The board shall meet at such times as the members may designate. Special meetings may be held upon the call of the chairman or any two members of the board.
SECTION 2-503: DUTIES
It shall be the duty of the Board of Health to enact rules and regulations, which shall have the full force and effect of law to safeguard the health of the people of the Village. The board shall enforce the rules and regulations and provide fines and punishments for any violations thereof. It may regulate, suppress, and prevent the occurrence of nuisances and shall actively enforce all laws of the State of Nebraska and ordinances of the Village relating to nuisances and matters of sanitation which affect the health and safety of the people. The board shall regularly inspect such premises and businesses as the Village Board may direct. The board shall be responsible for making such reports, prescribing such penalties, and performing such other duties as the Village Board may designate from time to time. All actions of the Board of Health shall be subject to the review and supervision of the Village Board. (Neb. Rev. Stat. §17-208)
SECTION 2-504: ENFORCEMENT OFFICIAL
The police chief, if appointed as the quarantine officer, shall be the chief health officer of the Village. It shall then be his duty to notify the Village Board and the Board of Health of health nuisances within the Village and its zoning jurisdiction. (Neb. Rev. Stat. §17-208)
SECTION 2-505: STATE RULES
The publication Rules and Regulations Relating to Public Health, Department of Health of the State of Nebraska, is hereby incorporated by reference when the same is applicable to the Village in its present form and as it may hereafter be amended. One copy of the said publication shall be filed at the office of the village clerk and shall be available for public inspection during office hours. (Neb. Rev. Stat. §18-132)
SECTION 2-506: COUNTY HEALTH BOARD
It shall be the duty of the Board of Health to work closely with the County Health Board in protecting the health and welfare of the residents of the Village.

 

Article 6 – Tree Board
SECTION 2-601: MEMBERS
The Village Tree Board shall consist of three members who shall be citizens and residents of this village and appointed by the chairman with the approval of the Village Board. The terms of the three persons to be appointed by the chairman shall be three years and the terms shall commence July 1. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. Members of the Tree Board shall serve without compensation. The board shall choose its own officers, make its own rules and regulations and keep a minute book of its proceedings. A majority of its members shall be a quorum for the transaction of business. The Village Board shall have the right to review the conduct, acts and decisions of the Tree Board. Any person may appeal any ruling or order of the Tree Board to the Village Board, which may hear the matter and make a final decision.

SECTION 2-602: DUTIES AND RESPONSIBILITIES
It shall be the responsibility of the Tree Board to study, investigate, counsel and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the Village Board and, upon its acceptance and approval, shall constitute the official comprehensive tree plan for the Village. The Tree Board, when requested by the Village Board, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.
SECTION 2-603: TREES; DEFINITIONS
"Street trees" are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the Village.

"Park trees" are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names and all areas owned by the Village or to which the public has free access as a park.
SECTION 2-604: TREES; SPECIES TO BE PLANTED
The tree list adopted by the Tree Board and published by it constitutes the official street tree species for the Village. No species other than those included in this list may be planted as street trees without written permission of the board.

SECTION 2-605: TREES; SPACING
The spacing of street trees will be in accordance with the three species size classes listed in the tree list and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect.
SECTION 2-606: TREES; DISTANCE FROM CURB AND SIDEWALK
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in the tree list, and no trees may be planted closer to any curb or sidewalk than the following: small trees, 2 feet: medium trees, 3 feet; and large trees, 4 feet.
SECTION 2-607: TREES; DISTANCE FROM STREET CORNERS AND FIRE HYDRANTS
No street tree shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than 10 feet of any fire hydrant.
SECTION 2-608: TREES; UTILITIES
No street trees other than those species listed as small trees in the tree list may be planted under or within 10 lateral feet of any overhead utility wire or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility.
SECTION 2-609: TREES; MAINTENANCE, REMOVAL; PLANTING BY ADJACENT PROPERTY OWNERS
A. The Village shall have the right to plant, prune, maintain and remove trees plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

B. The Village Board or its designated representative may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public Improvements or is affected with any injurious fungus, insect or other pest.

C. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said trees is in accordance with this article.

SECTION 2-610: TREES; CONSENT OF PROPERTY OWNER
The Tree Board shall plant no trees on public right of way without the consent of the adjacent property owners. Such consent shall be in writing and shall be maintained as part of the official Tree Board records.
SECTION 2-611: TREES; TOPPING
It shall be unlawful as a normal practice for any person, firm, or village department to top any street tree, park tree or other tree on public property. “Topping” is defined as the severe cutting back of limbs to stubs larger than 3 inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this article at the determination of the Village Board or its designated representative.
SECTION 2-612: TREES; PRUNING; CORNER CLEARANCE
Every owner of any tree overhanging any street or right of way within the Village shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 8 feet above the surface of the street or sidewalk. Said owner shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The Village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.
SECTION 2-613: TREES; DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY
A. The Village shall have the right to cause the removal of any dead or diseased trees on private property when such trees constitute a hazard to life and property or harbor insects or disease, which constitute a potential threat to other trees. The Village Board or its designated representative will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of the owners to comply with such provisions, the Village shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice.

B. In the event that the owner is a nonresident, notice shall be made by publication in a newspaper of general circulation or by certified mail if the name and address are known. The person charged with the removal may enter into an agreement with the Village that such work be accomplished by the Village and the expense shall be declared to be a lien upon such property from the time the same becomes due until paid. If the owner fails, neglects or refuses to enter into such an agreement or to remove the trees, the Tree Board may enter upon the property and proceed to direct the removal of the trees; the cost thereof shall be chargeable to the property owner. If the owner fails to reimburse the Village after being properly billed, the costs shall be assessed against the property and certified by the village clerk to the county treasurer to be collected in the manner prescribed by law.
C. In the event the property owner is a nonresident of the county in which the property lies, the Village shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested, to the last known address of the nonresident property owner, which shall be that address listed on the current tax rolls at the time such required notice was first published.
SECTION 2-614: TREES; REMOVAL OF STUMPS
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump does not project above the surface of the ground.
SECTION 2-615: INTERFERENCE WITH TREE BOARD
It shall be unlawful for any person to prevent, delay or interfere with the Village Board or any of its agents while they are engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds, as authorized in this article.

SECTION 2-616: ARBORIST’S LICENSE AND BOND
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street trees within the Village without first applying for and procuring a license. The license fee as set by the Village Board shall be paid annually in advance; provided, however, no license shall be required of any public service company or village employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000.00 for bodily injury and $100,000.00 for property damage, indemnifying the Village or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

Article 7 – Board of Adjustment
SECTION 2-701: TERMS OF MEMBERS
A Board of Adjustment is hereby created which shall consist of five members appointed by the Village Board for terms of three years each, except that the first members shall be appointed for varying terms respectively from one to three years in order that the term of not more than one member shall expire each year. One member of the board shall be designated by the Village Board as chairman and shall hold office as chairman until his or her successor is appointed.
SECTION 2-702: POWERS and DUTIES
A. The Board of Adjustment shall meet at the call of the chairman and at such other times as it may determine. The board shall keep minutes of its proceedings, including findings of fact, all its determinations and decisions, the reasons therefor, and the vote of each member upon every question, which minutes shall immediately be filed in the office of the village clerk and shall be a public record.

B. The Board of Adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building inspector in the enforcement of this ordinance, and
2. To hold public hearings on and recommend to the Board of Trustees the authorization of the following exceptions to or variations of this ordinance:
a. Permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of this ordinance;
b. Interpret the provisions of the zoning ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map where the street layout on the ground varies from the street layout as shown on said map;
c. Classify commercial or industrial uses not specifically listed in this ordinance and review the locations of proposed industrial uses as provided in Section 10-208;
d. Permit the use of premises for public utility and railroad purposes; and
e. Permit reconstruction of a nonconforming building otherwise prohibited by Section 10-213 where such action would not constitute continuation of a monopoly.
SECTION 2-703: APPEAL; FEE
An appeal may be taken to the Board of Adjustment by any person, group or organization, public or private, affected by a decision of the building inspector. Such appeal shall be taken within such time as prescribed by the board by general rule, by filing with the building inspector and with the board a notice of appeal, specifying the grounds thereof. A fee as set by the Village Board and placed on file in the office of the village clerk shall accompany all notices of appeals.

 

Article 8 – Penal Provision
SECTION 2-801: VIOLATION; PENALTY
Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by reference, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500.00 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.