(a) Notice of Violation; Legal Service.
(1) Whenever the Village Administrator or other designated official determines that any Commercial Structure or associated premises or any part thereof is in violation of the provisions of this chapter, the Village Administrator or other designated official shall give or cause to be given or mailed to the Owner or Occupant or both (depending upon which person is responsible for said violation if such determination can be made by the Administrator) of such structure or premises a written notice stating the nature of the violation and the section that prohibits such violation. Such notice shall order the Owner or Occupant to repair, replace, remove or improve the structure or part thereof or the premises so as to remove the condition causing the stated violation within the stated reasonable time, but not less than ten (10) days for minor repairs or corrections and not less than thirty (30) days for repairs or corrections that are more substantial.
(2) Notice may be mailed by certified mail to the Owner at his or her place of business or such other address that may be listed in the county records as being the tax mailing address of such Owner. In the alternative, notice may be hand delivered to the place of business of the Owner and given to an adult person at that location. Such delivery or mailing shall be deemed legal service of notice.
(3) Notice may be mailed by certified mail to the Lessee or Occupant at his or her place of business or such other address that may be listed in the Village records as being the Lessee's or Occupant's mailing address. In the alternative, notice may be hand delivered to the place of business of the Lessee or Occupant and given to an adult person there. Such delivery or mailing shall be deemed legal service of notice.
(4) If the address or location of the Owner or Occupant is unknown, it shall be sufficient to publish the notice once in a newspaper of general circulation in the County.
(b) Inspection Authorized; Right of Entry.
(1) The Village Administrator or other designated official is authorized to make or cause to be made external inspections of all structures or premises as defined herein to determine whether such structures or premises conform to the provisions of this chapter.
(2) When an Owner or Occupant denies the Village Administrator or other designated official entry onto the property for the purposes of making an exterior inspection, the Village Administrator or other designated official may apply for and obtain a search warrant from the appropriate authority pursuant to constitutional guidelines in order to gain access to such property.
(3) Nothing contained in this section shall limit the right of immediate entry by the Village Administrator or other designated official onto any property in the Village when he or they determines that an emergency situation exists.
(4) The Village Administrator, upon receiving notice that an unhealthy or unsanitary condition exists in the interior premises of a residential structure, shall notify the appropriate County Health Department and notify that agency of the condition.
(c) Appeals .
(1) Any person who has received a notice from the Village Administrator or other designated official issued in connection with any alleged violation of this chapter or of the Code, or of any order requiring repair or demolition, may appeal to the Village Council for a reconsideration of such notice or order provided such appeal is made in writing and within ten days (10) after receipt of such notice or order.
(2) Upon the receipt of an appeal, Village Council shall set a time and place for the hearing within fourteen (14) days of the receipt of such notice of appeal, and shall advise the applicant in writing of such time and place, at least seven (7) days prior to the date of the hearing.
(3) At such hearing, the applicant shall be given an opportunity to be heard and to show cause why such notice or order should be modified, extended, withdrawn or a variance granted. The applicant shall have the right to legal counsel at any such proceeding.
(4) The Village Council, by a majority vote, may sustain, modify, or withdraw any notice or order. In granting extensions or variances of any notice, the Council may consider the following conditions.
A. That there are practical difficulties or hardships in the time limit or in carrying but the strict letter of any notice or order; and
B. That such an extension or variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare.
(5) The decision of the Council, which shall include specific findings, shall be mailed to the Owner or Occupant at their legal mailing address within five (5) days of the decision. Thereafter, the Owner or Occupant must comply with the order as set forth or be subject to the penalties contained in this chapter.
(d) Citation.
(1) In the event that the Owner or Occupant fails to comply with the notice to repair, replace, remove or improve the structure or part thereof or the property or premises where the violation has occurred, so as to remove the condition causing the stated violation within the stated reasonable time; and if the Owner or Occupant fails to file a written notice of appeal within the time provided herein; then, the Village Administrator shall proceed to issue a citation or complaint in the Mayor's Court specifically stating that the Owner or Occupant has failed or refused to comply with the Notice of Violation.
(2) The Mayor's Court Clerk shall issue a Summons and copy of the Complaint and cause the same to be served upon the Owner or Occupant at their business or residence address or wherever the person may be located. The summons shall contain the date, time and place at which the hearing on the citation will be held before the Magistrate.
(3) The Magistrate, if he finds that a violation of this Chapter exists and the Owner or Occupant has failed or refused to comply with said notice, may order a penalty as stated hereinafter; however, he may suspend the penalty provided that the Owner or Occupant has commenced to resolve the condition giving rise to the violation and continues to make progress toward removing the condition.
(e) Procedure for Abatement or Removal.
(1) The Village Administrator or other designated official is authorized, with the assistance of legal counsel, to obtain a court order to enforce the abatement of any violation in the event that the Owner or Occupant fails or refuses to comply with the lawful order of the Administrator, his designated official or the Council.
(2) When the Village Administrator is required to remove items, material or debris from a property, as a result, of a finding of a violation of this chapter, the Administrator shall determine if the job requires the hiring of a contractor or if Village personnel can handle the job.
(3) A statement of all costs thereof, including labor, hauling, disposal and legal fees, shall be mailed to the responsible party by certified mail, return receipt requested or delivered by personal service by law enforcement. The amount due must be paid within thirty (30) days of receipt by the Owner or Occupant. Such statement of cost shall include the following:
A. Administration and Supervision;
B. Transportation and Equipment;
C. Hauling and Disposal;
D. Labor;
E. Legal fees and costs .
(4) If such costs are not paid within thirty (30) days of receipt of notice, then the Village Clerk shall prepare account and take all steps necessary to certify all costs to the County Auditor including a proper description of the premises involved.
(5) Such amounts shall be entered upon the tax duplicate and be a lien upon the lots or land from and after the entry and be collected as other taxes and returned to the General Fund of the Village.
(Ord. 07-10. Passed 8-9-07.)