523.05  NOTICE OF VIOLATION.
   (a)    If the Village Administrator, or his designee, becomes aware of an alleged violation of any provision of this chapter, the Village Administrator, or his designee, shall investigate the allegation. If the Village Administrator, or his designee, finds conditions which violate this chapter, the Village Administrator, or his designee, shall take one or more of the following enforcement procedures:
      (1)    The Village Administrator shall cause a Notice of Violation to be posted on one or more places at the property on which the violation is occurring or a letter will be mailed to the property owner.
      (2)    The Notice of Violation shall be in a form approved from time to time by the Village Administrator.
      (3)    The Notice of Violation shall:
         A.    Describe the nature of the violation;
         B.    Require the owner and tenant and other person occupying the building or structure to correct or eliminate the violation within 48 hours (end of the second business day following the date of notice); If the letter is mailed, than the recipient has two days from when they receive they letter in the mail at their address to correct or eliminate the violation.
         C.    State the date and time the notice was posted;
         D.    Warn that if the violation is not eliminated, the owner of the property and every tenant or other person producing, creating, generating or otherwise responsible for the litter may be cited for a criminal violation of this chapter, or may have the cost of the Village removing the litter assessed and made a lien against the property.
   (b)    If, however, the Village Administrator finds that a Notice of Violation has been
posted on the property within the previous twelve months, then the Village Administrator may
determine to omit the Notice of Violation procedure and immediately refer the matter to the Cardington Mayor's Court.
    (c)    If the conditions remain on the property after the time allowed by the Notice of Violation, or if the Village Administrator determines to by-pass the Notice of Violation procedure, the Village Administrator shall refer the matter to the Cardington Mayor's Court.
      (1)    If the Village Police Department or the Village Administrator or designee finds probable cause to believe there is a violation of this chapter, a law enforcement officer or village administrator or designee shall issue a summons to the property owner, the tenant, occupant and/or other responsible person to appear in Mayor's Court to respond to the complaint.
         (2)    Any such summons shall provide that the appearance in Mayor's Court shall be waived if (1) the person so summoned files with the Clerk of Mayor's Court documentary evidence that the underlying conditions have been cured and (2) the person pays court costs. Such evidence includes, but is not limited to, receipts for approved storage receptacles, a receipt for disposal of the litter, or a copy of a contract for collection or removal of the litter.
   (d)    Putting a fence up around a violation does not correct or eliminate the violation.  Tarping a prohibited object does not correct or eliminate the violation.
(Ord. 2010-34.  Passed 10-18-10.)