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(A) Any person violating any provision of this chapter, except as provided in § 50.104, shall be served by the village with written notice of the violation either by mailing a copy of the notice to the owner of the real property where the violation occurred, by certified mail, or by posting the notice in a visible and conspicuous place upon the real property where the violation occurred. The notice shall state:
(1) The nature of the violation;
(2) The provision or provisions of this chapter violated;
(3) The date the notice was either posted or deposited in the United States mails;
(4) The requirement that the violation be corrected within the time period prescribed in division (D) of this section; and
(5) The right of the violator to a hearing before the Board of Trustees in accordance with division (B) of this section.
(B) Any person served with a notice of violation may request a hearing before the Board of Trustees to challenge the violation by serving a written demand for a hearing upon the Village Clerk within ten days of the date the notice of violation was either posted or deposited in the United States mails. No later than 45 days following receipt of demand for a hearing, the village shall hold a hearing on the violation. Written notice of the time and place of the hearing shall be served by United States mails on the person requesting the hearing.
(C) At the hearing, the person requesting the hearing may present any and all evidence relevant to challenge the violation. The village shall present any and all evidence in its possession which was the basis for serving the notice of violation. At the conclusion of the hearing, the Board of Trustees shall either rescind the notice of violation or affirm the violation.
(D) Any person served with a notice of violation of this chapter which is not rescinded shall have 21 days from the date the notice of violation was served, or, in the event a hearing is held, affirmed by the Board of Trustees to come into compliance with the terms of this chapter. However, in no event shall the provisions of this division preclude the village from petitioning the Circuit Court for and obtaining legal or equitable relief against violators of this chapter requiring the violators to comply with the provisions of this chapter within a time period shorter than that prescribed by this division when there is a compelling public interest to seek such relief.
(E) Any person who violates any provision for which violation is not corrected within the period prescribed by division (D) of this section, shall be liable to a penalty of not to exceed $500 per violation for each day beyond the time period for correction prescribed in division (D) of this section in which the violation continues.
(F) The village may institute and prosecute in its name any suits on other actions necessary or appropriate for the collection of any penalties imposed by this section, or for legal or equitable relief to prevent the continuance of violations of the provisions of this chapter.
(Ord. 79-11, passed 4-10-79; Am. Ord. 16-15, passed 4-26-16)