(a) Upon determination of the Building Commissioner that a donation box has been placed or is being maintained in violation of this chapter, an order to correct the offending condition shall be served on the donation box owner or primary contact person designated by the permit holder by certified mail. If no permit application for the donation box has been filed with the City, as required by Section 755.03, the order shall be served on the party in control of the property in person or by certified mail. The order shall describe the offending condition and actions necessary to correct the condition. The order shall provide that the permit holder shall correct the offending condition within five business days after receipt of the order, or to file an appeal from the order with the Board of Zoning Appeals. If a violation is neither remedied nor appealed within the time period set forth in the order, the Building Commissioner shall transmit notification to the Service Director, who thereafter may impound the donation box that has been determined to be in violation of this chapter.
(b) Appeals of a person adversely affected by any order, requirement, decision or determination by the Building Commissioner under this chapter, including a denial of a permit, shall be heard and decided by the Board of Zoning Appeals. The Board may affirm or disaffirm, or grant exception from the order, requirement, decision or determination from which the appeal has been taken. If the Board affirms an order of the Building Commissioner issued pursuant to division (a) of this section, the owner shall have three business days to correct the violation or remove the donation box in question; if the owner fails to correct the violation within that time, the Building Commissioner shall transmit notification to the Service Director, who thereafter may impound the donation box. Within two days of the date of an impoundment made pursuant to this division, notice of the impoundment, including the reasons therefor shall be served by certified mail to the donation box owner or primary contact person designated by the permit holder. If no permit application for the donation box has been filed with the City, as required by Section 755.03, the notice of impoundment shall be served on the party in control of the property in person or by certified mail.
(Ord. 9896-2014. Passed 4-1-14.)