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(a) The City Manager or his or her appointed representative is hereby authorized and charged with the duty to enforce the provisions of this Housing Code. The City Manager or his or her appointed representative may act jointly or independently in performing such duties. However, each such official is specifically authorized to make such orders and take such action authorized by this Housing Code for the enforcement of this Housing Code as may, in the judgment of such official, be necessary for the preservation of the public peace, health, safety and welfare, and either official is fully authorized and empowered to enforce the provisions of this Housing Code. The term "enforcing officer," as used in this Housing Code, shall refer to the City Manager or his or her appointed representative engaged in the enforcement of this Housing Code.
(b) The enforcing officer is hereby authorized to make inspections to determine the condition of buildings, accessory use structures and premises located within the City, in order that he or she may perform the duty of safeguarding the health and safety of the occupants of dwellings and the general public. Any inspection report prepared shall be sent to the owner, landlord or agent of the property so inspected.
(c) The owner, operator or occupant of a dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the enforcing officer free access to such dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. The owner, landlord or agent of such property shall be responsible for making arrangements for inspections. A tenant may make the appointment on behalf of the landlord.
(d) The occupant of a dwelling or dwelling unit shall give the owner or operator thereof, or his or her agent or employee, access to any part of the dwelling unit, accessory structure or premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to affect compliance with the provisions of this Housing Code.
(e) Where no consent is obtained, the enforcing officer shall inspect an occupied or unoccupied dwelling unit, accessory structure or premises only after obtaining requisite legal authority through a search warrant or otherwise.
(Ord. 26-95. Passed 9-25-95.)
(EDITOR'S NOTE: Section 1470.05 was repealed in its entirety by Ordinance No. 24-2010, passed December 13, 2010.)
When the enforcing officer, in his or her judgment, finds that an emergency, exists which requires immediate action to protect the public health, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. The person to whom such order is directed shall comply immediately.
(Ord. 26-95. Passed 9-25-95.)
(a) When the enforcing officer determines that there has been a violation of this Housing Code or any rule or regulation adopted pursuant thereto, such officer shall serve a written notice of violation upon the persons responsible therefor. Such notice shall:
(1) Include a list of violations, referring to the section or sections of this Housing Code which have been or are being violated.
(2) Describe the dwelling, dwelling unit, rooming unit, accessory structure or premises where the violations exist or have been committed.
(3) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Code.
(4) Set a reasonable time, not exceeding thirty days in any event, for compliance.
(5) Advise the owner or occupant of the procedures of appeal.
(b) When the holder of a rental occupancy license has, subsequent to previous issuance of a notice of violation, failed to comply with any provision of this Housing Code or other applicable codes, the holder's rental occupancy registration may be revoked by the enforcing officer. Upon written notification of the revocation, it shall be the responsibility of the owner or agent to evict the tenant. It shall also be the responsibility of the owner/operator to insure that the eviction process is conducted in a timely manner and in accordance with current acceptable legal standards.
(Ord. 26-95. Passed 9-25-95.)
A notice of violation shall be served upon an owner or his or her agent, or an occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him or her personally, or if a copy thereof is sent by certified mail to his or her last known address, and if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice.
(Ord. 26-95. Passed 9-25-95.)
(a) A Board of Zoning Appeals is hereby established. Such Board shall consist of five members who shall be residents of the City. The members shall be appointed as follows:
One member shall be appointed by the Mayor;
One member shall be appointed by the City Manager;
One member shall be appointed by the City Council; and
Two members shall be appointed as at-large members by City Council.
(b) The terms of the Zoning Board of Appeals members of the Board shall be five years, except that the terms of the members of the first Zoning Board of Appeals shall be one member for one year; one member for two years; one member for three years; one member for four years; and one member for five years. Thereafter, each member shall be appointed for a term of five years and shall continue in office until his or her successor is appointed and qualified. Vacancies shall be filled by Council and shall be for the unexpired term.
(c) The Zoning Board of Appeals shall organize and adopt rules in accordance with the provisions of this Housing Code. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or, in his or her absence, the Acting-Chairperson, may administer oaths, and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public and all business of the Board shall be transacted at such meetings. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and be a public record.
(d) Appeals to the Board may be taken by any person aggrieved. Such an appeal shall be taken within twenty days after the decision appealed by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board shall fix a reasonable time for the hearing of the appeal, give ten days notice to the parties in interest, and decide the same within a reasonable time after it is submitted. Upon the hearing, any party may appear in person or by an attorney. Such appeals shall be accompanied by payment of such fees as Council may determine from time to time.
(Ord. 26-95. Passed 9-25-95; Ord. 19-2021. Passed 10-25-21.)
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