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(a) Inspection. All buildings, premises, and uses within the City are subject to exterior inspection from time to time by the Safety-Service Director and/or his/her designee.
(1) Where a violation of any provision of this Chapter is found to exist, the Safety-Service Director and/or his/her designee shall cause a written notice of such violation to be served upon the person(s) responsible for the correction thereof. The notice shall specify the violation committed. The violator(s) shall have twenty-one (21) days from the date of service of notice, or other reasonable stated period of time, to correct or abate the violation, or agree to correct or abate the same pursuant to a repair schedule submitted in writing by the violator(s) and approved by the Safety-Service Director and/or his/her designee. In the event that weather is a major consideration in correcting or abating the violation, the Safety-Service Director and/or his/her designee may extend the time set out herein to not more than sixty (60) days immediately following the occurrence of appropriate weather conditions.
(2) Notice shall be served by being delivered personally, or by certified or first class mail with receipt or certificate of such mailing, to the owner of the property appearing on the current record of the county auditor and/or to the last known address of the tenant to be served. If the last known address of the tenant cannot be ascertained, the notice shall be posted on the outside front entrance of the structure in alleged violation. If any mailed notice is returned showing that the letter was not delivered, a copy thereof shall be posted on the outside front entrance of the structure in alleged violation.
(3) In the absence of an appeal, as provided below, the completion of notice, and failure to comply, shall constitute Final order as to administrative proceedings.
(1) Within twenty-one (21) days of the date of service of notice, any person affected by the notice may request a hearing thereof before the Board of Zoning Appeals by filing written request with the Safety-Service Director and/or his/her designee. The Safety-Service Director and/or his/her designee shall forward such request to the Board within five (5) business days of receipt. The Chairperson of the Board, upon receipt of the request, shall set the matter down for hearing within thirty-one (31) days, or the next regularly scheduled meeting, allowing at least five (5) days' notice to the party and Safety-Service Director and/or his/her designee. The Board of Zoning Appeals may sustain, modify or dismiss, in whole or in part any action required to correct or abate the violation set forth in the notice and shall issue an order incorporating its determinations, and such order shall be a Final order as to these administrative proceedings.
(2) The Board of Zoning Appeals shall consider only the following in determining appropriate action to be taken, to wit:
A. That any modification of the original order of the Safety-Service Director and/or his/her designee shall not, in any material way, alter the standard of this Chapter and shall not affect detrimentally the health or safety or welfare of the occupants or owners of adjacent premises or of the immediate neighborhood; and
B. That strict enforcement would constitute an undue and unnecessary hardship on the owner, manager or resident, by reason of compelling an expenditure for repair of the premises which would be substantially disproportionate to any benefit to the health, safety or welfare of the City that might be derived there from.
(3) No license or permit or other certification of compliance with this Chapter shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, manager or resident from complying with any such other provision, nor any official or the City from enforcing any such provision.
(Ord. 3-15. Passed 2-23-15.)