The enforcement of any and all provisions of this Chapter is placed with the Director of Public Safety, together with such additional enforcement officers, including auxiliary exterior code enforcement officers, police officers or any official of the City of Berea Building or Service Department, as may be required, to carry out and effectuate all of the provisions herein. The Director of Public Safety shall write rules and regulations and Departmental policies for the enforcement of this Code which shall be available to the public during business hours.
(a) Inspection. All buildings and premises within the City are subject to exterior inspections from time to time by the Director of Public Safety, or her designees, including officials of the Building and Service Departments.
(b) Notice and Appeal.
(1) Where a violation of any provision of this Chapter is found to exist, the Director of Public Safety or her designee shall cause a written notice of such violation to be served upon the person responsible for the correction thereof. The notice shall specify the violation committed and shall provide for a reasonable period of time, not more than thirty (30) days, to correct or abate the violation.
(2) Notice may be served personally, by certified mail or by regular mail with a certificate of mailing addressed to the last known address of the person to be served or by leaving a copy thereof at the usual residence of the person to be served. If the last known address cannot be ascertained, the notice 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 a Final Order as to these administrative proceedings.
(c) Appeal.
(1) Within ten (10) days of the date of service of notice, any person affected by the notice may request a hearing thereon before the Municipal Planning Commission by filing a written request with the Clerk of the Commission. The Chairman of the Commission, upon receipt of the request, shall, within forty-five (45) days therefrom, and upon at least five (5) days notice to the party and the Director of Public Safety or her designee, set the matter down for hearing. The Commission 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 provided, however, that any order of modification or dismissal shall be effective for two (2) years following the date of issuance of such order, and thereafter, the subject matter of such order of modification or dismissal may be amenable to further inspection, notice and appeal as set forth herein.
(2) The Municipal Planning Commission shall consider only the following in determining appropriate action to be taken, to wit:
A. That any modification of the original order of the Director of Public Safety or her designee shall not, in any material way, alter the standards of this Chapter, and shall not affect detrimentally the health or safety of occupants, or the health, 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 health, safety or welfare of the community that might be derived therefrom.
No license or permit or other certification of compliance with this Code shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises, nor shall any provisions herein relieve any owner, manager or resident from complying with any such other provision, nor any official of the City from enforcing any such other provisions.
(Ord. 2018-32. Passed 5-21-18.)