§ 151.39 VIOLATIONS; HEARING PROCEDURE.
   (A)   Whenever the Building and Zoning Inspector determines that there is evidence indicating that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he or she shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
      (1)   Be put in writing;
      (2)   Include a statement of the reasons why it is being issued;
      (3)   Allow a reasonable time for the performance of any act it requires;
      (4)   Be served upon the owner or his or her agent, or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner, agent or occupant, if a copy thereof is served upon him or her personally; if a copy thereof is sent by registered mail to his or her last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; and
      (5)   Contain specific remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
   (B)   Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter or any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Board of Housing Appeals, provided that person files with the Board a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. Upon receipt of such petition, the Board shall set a time and place for the hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. The hearing shall be commenced not later than 30 days after the day on which the petition was filed; provided that, upon application of the petitioner, the Board may postpone the date of the hearing for a reasonable time beyond the 30-day period, if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement.
   (C)   After the hearing, the Building and Zoning Inspector shall sustain, modify or withdraw the notice, depending upon the Board’s findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Building and Zoning Inspector sustains or modifies the notice, it shall be deemed to be an order. Any notice served pursuant to division (A) above shall automatically become an order if a written petition for a hearing is not filed with the Board within ten days after the notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant thereto when the notice has been sustained by the Board, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed automatically revoked if a petition for hearing is not filed in the office of the Board within ten days after the notice is served.
   (D)   The proceedings at such hearing, including the findings and decisions of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Board. The record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
(1997 Code, § 152.29)