(a) Notice of Violation.
(1) Whenever the Building Inspector has found a violation or determines that there are reasonable grounds to believe that there has been a violation of any provision of this Chapter or of any rule or regulation adopted pursuant thereto, the Building Inspector or designee shall give notice of such alleged violation to the person or persons responsible. Such notice shall:
a. Be in writing.
b. Include a statement of the reasons why it is being issued.
c. Provide a reasonable time for the performance of any act it requires.
d. Be served upon the owner or his/her agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if:
1. A copy thereof is served upon him/her personally;
2. A copy thereof is sent by certified mail to his/her last-known address;
3. A copy thereof is posted in a conspicuous place in or about the dwelling or dwelling unit affected by the notice; or
4. If he/she is served with such notice by any other method authorized or required under the laws of the State of Wisconsin.
(2) The above notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Chapter and with rules and regulations adopted pursuant thereto.
(b) Violation Reoccurrence. Whenever there has been notice of a violation issued to the owner, the agent of any owner, or the occupant of property which is in violation of this Chapter, no further notice shall be necessary for any reoccurrence of the violation prior to the commencement of any forfeiture action or prior to seeking an injunction in a court of record.
(c) Hearing. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Chapter or of any rule or regulations adopted pursuant thereto may request and shall be granted a hearing on the matter before the Building Inspector, provided that such person shall file, in the office of the Building Inspector, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the date the notice was served. Upon receipt of such petition, the Building Inspector shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to provide reasons why such notice should be modified or withdrawn. The hearing shall be commenced no later than ten (10) days after the day on which the petition was filed. Upon request of the petitioner, the Building Inspector may postpone the date of the hearing for a reasonable time beyond such ten (10) day period, if, in his/her judgment, the petitioner has submitted sufficient grounds for such postponement.
(d) Post-Hearing Determinations and Actions.
(1) Following such hearing, the Building Inspector shall sustain, modify, or withdraw the notice, depending upon his/her findings as to whether the provisions of this Chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Building Inspector sustains or modifies such notice, it shall be deemed to be an order.
(2) Any notice served pursuant to this Chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the Building Inspector within ten (10) days after such notice is served.
(3) Following a hearing in the case of any notice suspending any permit related to this Chapter (such as a building permit) or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Building Inspector, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Building Inspector within ten (10) days after such notice is served.
(4) Whenever any order to correct conditions regarding the premises made pursuant to this Chapter has not been complied with because the person to whom the order was directed has failed, neglected or refused to comply, the Building Inspector may request appropriate Village authorities to initiate prosecution, or institute any appropriate action to abate such building as a public nuisance, the cost of which will be assigned to the property owner as a special charge.
(e) Record of Proceedings. The proceedings at such hearing, including the findings and decision of the Building Inspector, shall be summarized, reduced to writing, and entered as a matter of public record. Such record shall also include a copy of every notice or order issued in connection with the matter.
(f) Emergency Situations.
(1) Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health, safety, or welfare, the Building Inspector may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the Building Inspector deems necessary to meet the emergency. Notwithstanding other provisions of this Chapter, such order shall be effective immediately.
(2) Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Building Inspector shall be afforded a hearing as soon as possible. After such hearing, depending upon the Building Inspector's findings as to whether the provisions of this Chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Building Inspector shall continue such order in effect, or modify it, or revoke it.
(g) Appeals of Determinations. Determinations of the Building Inspector under this Section may be appealed to the Board of Appeals using the procedures prescribed in Title 13, Chapter 1 of this Code of Ordinances. Any person aggrieved by the decision of the Board of Appeals may seek relief therefrom in any court of competent jurisdiction, as provided by state law.