(A) Notice of violation.
(1) Whenever it is determined there are grounds to believe there has been a violation of any provision of this chapter, or any other city ordinance, the city shall give notice of such alleged violation to the licensee or agent, as hereinafter provided. Such notice shall:
(a) Be in writing;
(b) Include a statement of the reasons for its issuance;
(c) Allow ten business days for compliance. The Building Official is authorized to grant extensions for work that may require more than ten business days. The extensions shall be in writing and justifiable cause demonstrated;
(d) Be served upon the licensee or his or her agent; provided that such notice or order shall be deemed to have been properly served upon such licensee or agent when a copy of thereof has been served in person or sent by certified mail to his or her last known address; and
(e) Citations may be issued after all procedures outlined above have been exhausted.
(2) If the city mails a notice to the property owner in accordance with state law and the United States Postal Service returns the notice as refused or unclaimed, the validity of the notice is not affected, the notice is considered as delivered.
(B) Appeals. Appeals to the City Council and Planning and Zoning can be made by any person aggrieved or by an officer, department or board of the aggrieved party affected by any decision of the Building Official. Such appeal shall be filed with the Building Official within 15 days after the decision has been rendered by the Building Official.
(C) Public hearings. At a public hearing relative to any appeal, any interested party may appear in person or by agent or by attorney. The burden of proof shall be on the applicant to establish the necessary facts to warrant favorable action of the City Council on any appeal. Any special exception or variance granted or authorized by the board, under the provision of this section, shall authorize the issuance of a building permit or a certificate of occupancy, as the case may be, for a period of 90 days from the date of the favorable action of the board, unless said board shall have, in its action approved a longer period of time and has so shown such specific longer period in the minutes of the action. If the building permit and/or certificate of occupancy shall be have been applied for within said 90-day period, or such extended period as the board may have specifically granted, then the special exception or variance shall be deemed to have been waived and all rights hereunder terminated. Such termination and waiver shall be without prejudice to a subsequent appeal, and such subsequent appeal shall be subject to the same regulation and requirement for hearing as herein specified for the original appeal.
(Ord. 190701, passed 7-9-2019)