(A) Whenever, upon inspection of the licensed multiple-family building or single-family dwelling unit for rent, it is determined that conditions or practices exist which are in violation of the provisions of this chapter or any applicable ordinance, code or regulation of the village, or the property is declared a nuisance, the village shall serve the owner with a notice of violation. Such notice shall identify the specific violations and state that unless they are corrected within the time specified in the notice, the owner shall be cited and its operating license may be suspended. Notice pursuant to this section may be sent by U.S. certified mail or hand delivered to the party designated in the application to receive notices and process.
(B) At the end of the time allowed for correction of any violation cited, the multiple-family building or single-family dwelling unit for rent, as the case may be, shall be re-inspected by the village. If it is determined that the conditions have not been corrected, or they are not in the process of being corrected to the satisfaction of the Building Official, the village may issue an order suspending the operating license. Tenant-caused violations will not be considered grounds for suspension of operating license as long as licensee cooperates in gaining compliance.
(C) Any person whose operating license to operate a multiple-family building or single-family dwelling unit for rent has been suspended shall be given the opportunity to be heard by the Village President in connection with the violations. Said person must submit his or her request to be heard in writing and the written request must explain in detail, the violations cited, why they have not been corrected, and a compliance time frame for completion. However, if no written request for hearing reaches the Village President within 21 days following the issuance of the order of suspension, the operating license shall be revoked. The village, as a result of such hearing, may grant additional time or may revoke the operating license. Prior to revocation any person whose operating license has been suspended may request a re-inspection upon a showing that the violation or violations cited in the notice have been corrected.
(D) If, upon re-inspection, it is determined by the village that the violations cited in the notice have been corrected, or in the case of violation of the crime free multi-housing program, the offending residential tenant has been or is in the process of being evicted, the operating license shall be reinstated by the Comptroller. A request for re-inspection must be filed within the 21 day time period for requesting a hearing, unless the official responsible for sending the violation notice so requests.
(E) If the licensee is convicted by a court of a violation of any provision of this chapter or any applicable ordinance, code or regulation in connection with the licensed multiple-family building or single- family dwelling unit for rent, as the case may be, then the operating license shall be subject to revocation without further notice.
(F) In the event a condition of extreme hazard to health or safety is found to exist, the Comptroller may immediately revoke the operating license.
(G) Each day a multiple-family building or single-family dwelling unit for rent continues to operate after an operating license has been revoked shall constitute a separate violation of this chapter.
(H) The first re-inspection provided for in division (B) above shall be without charge to the owner. Thereafter, each additional re-inspection shall be at a cost of $35 per hour per inspector, based on the number of inspector hours required to make said inspections and prepare the required report. The minimum charge for any re-inspection shall be $35.
(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03; Am. Ord. 7-40, passed 6-20-07)