If, in the judgment of the City Inspector/Zoning Administrator, there is probably violation of the performance standards as set forth, the following procedures shall be followed:
A. The City Inspector/Zoning Administrator shall give written notice, by registered mail or certified mail, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the City Inspector/Zoning Administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the City Inspector/Zoning Administrator within 30 consecutive calendar days of receipt of the notification. The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Commission within 30 consecutive calendar days of receipt of the notice constitutes admission of violation of the terms of this appendix.
B. The notice shall further state that upon request of those to whom said notice is directed, a technical investigation will be made by a qualified expert and that if violations as alleged are found, costs of such investigations shall be charged against those responsible for the violations, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the investigation will be paid by the City Council.
C. If there is no reply within 30 consecutive calendar days of receipt of the notice, but the alleged violation is corrected to the satisfaction of the City Inspector/Zoning Administrator, he shall note “violation corrected” on his copy of the notice, and shall retain it among his official records, taking such other action as may be warranted.
D. If there is no reply within 30 consecutive calendar days of receipt of the notice and the alleged violation is not corrected to the satisfaction of the City Inspector/Zoning Administrator, within the established time limited, he shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
E. If a reply is received within 30 consecutive calendar days of receipt of the notice indicating that the alleged violation will be corrected to the satisfaction of the City Inspector/Zoning Administrator, but, requesting additional time, the City Inspector/Zoning Administrator may grant an extension if they deem it warranted in the circumstances of the case and if the extension will not, in his opinion, cause imminent peril to life, health, or property.
F. 1. If a reply is received within 30 consecutive calendar days of receipt of the notice requesting technical determination as provided in this appendix, and if the alleged violations continue, the City Inspector/Zoning Administrator shall call in properly qualified experts to investigate and determine whether violations exist.
2. If expert findings indicate violations of the performance standards, the costs of the investigations shall be assessed against the properties or persons responsible for the violations in addition to such other penalties as may be appropriate under the terms of § 18.10.
3. If no violation is found, the costs of the investigations shall be paid by the City Council without assessment against the properties of persons involved.
(Ord. 2017-6, passed 4-4-17)