It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or land in violation of any of the provisions of this chapter, or any amendment or supplement thereto adopted by the Council of the city.
(A) Notice of violation. Whenever the Zoning Administrator determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, he shall give notice of such violation or alleged violation to the person or persons responsible for such violation. The notice shall be in writing, shall specify the alleged violation, shall provide a reasonable time for compliance, and shall be served upon the owner, agent, operator, or occupant, as the case may require. The notice shall be deemed to be properly served upon the owner, agent, operator, or occupant, if a copy is served upon him personally; or if a copy thereof is sent by registered or certified mail, return receipt requested, to the last residence of the owner, agent, operator, or occupant; or by such other method authorized by the laws of the state. The notice shall inform the person, to whom it is directed, of his right to apply for a hearing before the Planning Commission as provided in this chapter. The notice may contain an outline of remedial action and time limit which, if followed, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
(B) Final order. Any notice of violation provided for in division (A) of this section shall automatically become a final order if an application for an appeal (as detailed in § 150.168) is not filed with the Zoning Administrator within 20 days after receipt of the notice. A copy of the order shall be served as provided in division (A) of this section.
(C) Reinspection. At the end of the period specified in the notice of violation, or any extension thereof, it shall be the duty of the Zoning Administrator or his duly designated representative to make, or cause to be made, a reinspection of the premises or structures, and if compliance has not been established, appropriate legal action shall be instituted as specified in division (E) of this section; provided that additional notice of violation is not required.
(D) Extension of compliance time. The Zoning Administrator may extend the compliance time specified in any notice, or order, issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
(E) Legal remedies. The Zoning Administrator or his designated representative, shall institute appropriate action to restrain, prevent, enjoin, abate, correct, or remove such violation, and to take such other legal action as is necessary to carry out the terms and provisions of this chapter. The remedies provided by law, any and all remedies may be pursued concurrently or consecutively and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all of the others.
(F) Records confidential. The Zoning Administrator shall keep confidential all evidence which he may discover or obtain in the course of an inspection made pursuant to this chapter and such evidence shall be considered privileged. Evidence so obtained shall not be disclosed except as may be necessary in the judgment of the Zoning Administrator, for the proper and effective administration and enforcement of the provisions of this chapter and rules and regulations issued pursuant thereto and shall not otherwise be admissible in any judicial proceeding without the consent of the owner, agent, operator, occupant, or other person in charge of the dwelling unit inspected.
(Ord. 10-1986, passed 5-19-86)