(a) Should any one or more of the officers referred to in Section 1476.02, after the inspection of the premises in or on which it is reported that a public nuisance may exist, be of the opinion that a public nuisance does exist, but that the nature thereof is not such as to require summary abatement, photographs and reports of his or her findings, the same as set forth in Section 1476.02, shall be made and filed with the Building Inspector. It shall be the duty of the Inspector, in such cases, to serve written notice on the person who, from the records in the County Auditor’s office, appears to be the owner of the aforesaid property, by serving him or her personally or by leaving a copy at the usual place of residence or business of such owner or at the address of such owner shown in such Auditor’s records, or by mailing a copy to such owner at such place or address, by United States certified mail, return receipt requested. If service of the notice is unable to be perfected by any of such methods, then the Inspector shall cause such notice to be published in a newspaper of general circulation in the Village, once each week for two consecutive weeks, and shall further cause a copy of the notice to be left with the person, if any, in possession of the premises in or on which it is alleged that such public nuisance exists, or, if there is no person in possession thereof, he or she shall cause a copy of the notice to be posted on the premises.
(b) The notice shall state, in brief, the findings of any one or more of the officers referred to in Section 1476.02, with respect to the existence of a public nuisance, and shall further state that unless the owner thereof causes the abatement of the public nuisance within thirty days after service of the notice, the same shall be abated by the Village at the expense of such owner. The owner may at any time after receipt of the notice make a request, in writing or in person, to the Inspector, to be furnished with a written list of the items which are alleged to constitute the public nuisance and which are alleged to be in need of repair and/or replacement.
(c) The owner may make immediate application in writing or in person to the Inspector for a building permit to undertake the repair or replacement of the items alleged to constitute the public nuisance. The Inspector, upon being furnished by such owner with the complete plans and specifications covering the repairs or replacements in conformity with the standards of Village ordinances, shall, upon approval of the plans and specifications, cause a building permit to be issued to such owner. The Inspector may grant more than thirty days to the owner in which to effect the repairs and/or replacements.
(d) The owner may, within fourteen days after receipt of the notice, make a demand, in writing, to the Inspector for a hearing on the question of whether, in fact, a public nuisance exists and/or whether more than thirty days should be granted to the owner to abate the nuisance. The hearing shall be held within ten days following receipt of the written demand and at least two days notice of the hearing shall be given to the owner. The hearing shall be conducted by the Board of Zoning Appeals. The Board may amend or modify the notice and/or order or extend the time for compliance by the owner with parts of the abatement notice by such date or dates as a majority of such Board may determine. A copy of the decision of the Board shall be promptly served upon the owner in the manner provided for in Section 1476.02. The decision of the Board shall be final and conclusive unless the owner files, within ten days after the aforesaid decision is rendered, an action in or appeal to a court of competent jurisdiction; otherwise, the same shall become final and conclusive at the termination of such action or appeal proceeding as determined by such court.
(Ord. 89-73. Passed 12-18-73.)