A. Procedure: When a compliance administrator finds a code violation while inspecting a structure or property, he or she shall note the violation on a multiple copy violation notice indicating:
1. The name and address of the structure;
2. The type and nature of the violation;
3. The date and time the violation was observed;
4. The names of witnesses to the violation;
5. The address of the structure or property where the violation is observed.
B. Service: The violation form shall be forwarded to the code hearing department and a docket number shall be stamped on all copies of the report and a hearing date shall be noted on the form. The hearing date shall not be less than thirty (30) nor more than forty (40) days after the violation is reported. One copy of the violation form shall be maintained in the files of the code hearing department and shall become part of the record of the hearing. One copy of the form shall be returned to the individual issuing the code violations. One copy of the form shall be served either in person or by first class mail to the defendant along with notification of the opportunity for a hearing on the specified hearing date and time.
If the name of the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation report form on the front door of the structure where the violation is found, not less than twenty (20) days before the hearing is scheduled.
C. Defenses To Building Code Violations: It shall be a defense to a building code violation charged if the owner, his attorney, or any other agent or representative proves to the hearing officer's satisfaction that:
1. The building code violation alleged in the notice does not in fact exist, or at the time of the hearing, the violation has been remedied or removed;
2. The building code violation has been caused by the current property occupants and that in spite of reasonable attempts by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations;
3. An occupant or resident of the dwelling has refused entry to the owner or his agent to all or part of the dwelling for the purpose of correcting the building code violation.
D. Sanctions Applicable To Owner; Property: The order to correct a building code violation and the sanction imposed by the village as the result of a finding of a building code violation under this chapter shall attach to the property as well as to the owner of the property, so that a finding of a building code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of property takes subject to the findings, decision and order of a hearing officer under this chapter. (Ord. 2005-O-41 § 1: Ord. 2023-O-2 § 1)