The enforcement of the provisions of this chapter shall be the responsibility of the Director of Public Service or his Designee, together with such additional enforcement officers as may be required, shall carry out and effectuate all of the provisions herein.
(a) Inspection. All buildings and premises within the City are subject to Exterior inspections from time to time by the Director of Public Service. Except in case of emergency, such inspection shall be preceded by written notice of the inspection given to the property owner at least forty-eight (48) hours before the inspection.
(b) Notice and Appeal.
(1) Where a violation of any provision of this chapter is found to exist, the Director of Public Service or duly authorized representative shall cause a written notice of such violation to be served upon the person responsible for the correction thereof. The notice shall specify the violation committed and shall provide a reasonable period of time, not more than sixty (60) days, to correct or abate the violation. In the event that weather is a major consideration in correcting or abating a violation, the Director of Public Service or duly authorized representative may extend the time set out herein to not less than an additional thirty (30) days immediately following the occurrence of appropriate weather conditions, such schedule being consistent with the weather conditions.
(2) Notice may be served personally or by certified mail addressed to last known address of the person to be served or by leaving a copy thereof at the usual residence of the person to be served. If the last known address cannot be ascertained, the notice shall be posted on the outside front entrance of the structure in alleged violation.
(3) In the absence of an appeal, as provided below, the completion of notice and failure to comply shall constitute a final order as to these administrative proceedings.
(c) Appeal.
(1) Within thirty (30) days of the date of service of notice, any person affected by the notice may request a hearing thereon before the Board of Zoning Appeals by filing a written request with the Clerk of the Board. The Chairperson of the Board, upon receipt of the request, shall, within, thirty (30) days therefrom, and upon five (5) days notice to the party and the Director of Public Service, set the matter down for hearing. The Board may sustain, modify or dismiss, in whole or in part, any action required to correct or abate the violation set forth in the notice and shall issue an order incorporating its determinations, and such order shall be a final order as to these administrative proceedings, provided, however, that any order of modification or dismissal shall be effective for two (2) years following the date of issuance of such order, and thereafter the subject matter of such order of modification or dismissal may be amenable to further inspection, notice and appeal as set forth herein.
(2) The Board of Zoning Appeals shall consider only the following in determining appropriate action to be taken:
A. That any modification of the original order of the Director of Public Service shall not, in any material way, alter the standards of this chapter and shall not affect detrimentally the health or safety of occupants or the health, safety or welfare of the occupants or owners of adjacent premises or of the immediate neighborhood, and;
B. That strict enforcement would constitute an undue and unnecessary hardship on the owner, manager, or resident, by reason of compelling an expenditure for repair of the premises which would be substantially disproportionate to any benefit to health, safety, or welfare of the community that might be derived therefrom.
No license or permit or other certification of compliance with this Code shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, manager or resident from complying with any such other provision, nor any official of the City from enforcing any such other provisions.
(Ord. 0-64-05. Passed 12-5-05.)