The enforcement of any and all provisions of this chapter is placed with the Mayor and/or his designee, and such person(s), 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 Mayor and/or his designee.
(b) Notice and Appeal.
(1) Where a violation of any provision of this chapter is found to exist, the Mayor and/or his designee 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 for a reasonable period of time, not more than sixty days, to correct or abate the violation. In the event that weather is a major consideration in correcting or abating a violation, the Mayor and/or his designee may extend the time set out herein to not more than sixty days immediately following the occurrence of appropriate weather conditions.
(2) Notice may be served personally or by certified mail addressed to the 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 ten days of the date of service of notice, any person affected by the notice may request a hearing thereon before the Zoning Board of Appeals by filing a written request with the Chairman of the Board. The Chairman of the Board, upon receipt of the request, shall, within thirty days therefrom, and upon five days notice to the party and the Mayor and/or his designee, 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 years following the date of issuance of such order, and thereafter, the subject matter of such order of modification or dismissal may be amendable to further inspection, notice and appeal as set forth herein.
(2) The Zoning Board of Appeals shall consider only the following in determining appropriate action to be taken, to wit:
A. That any modification of the original order of the Mayor and/or his designee 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 and 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 chapter 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 provision.
(Ord. 87-5636. Passed 7-9-87.)