(A) Whenever the Inspector shall determine that there are reasonable grounds to believe that there has been a violation, he or she shall give notice of the alleged violation to the person or persons responsible therefore as hereinafter provided, and the official shall also notify the Board of the alleged violation in writing. The notice shall:
(1) Be put in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Allow for a period of 60 days for the performance of any act it requires;
(4) Include a statement specifying the person or persons right to appeal the violation notice pursuant to division (B) of this section;
(5) Be served upon the owner or his or her agent, provided that the notice shall be deemed to be properly served upon the owner or agent if a copy thereof is served upon him or her personally, or if a copy thereof is sent by certified mail with return receipt requested to his or her last known address. If notice cannot satisfactorily be served as specified above, then a copy of the notice may be posted in a conspicuous place in or about the junkyard or salvage yard affected by the notice or if he or she is served with the notice by any other method authorized or required under the laws of the state.
(B) The 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 thereto. Any person affected by any notice which has been issued in connection with the enforcement of any of the provisions of this chapter or any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Board, provided the person shall file in the office of the Board a written petition requesting the hearing and setting forth a brief statement of the grounds therefore within 14 days after the day the notice was served. Upon receipt of the petition, the Board shall set a time and place for the hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn. The hearing shall be commenced not later than 14 days after the day on which the petition was filed, provided that upon application of the petitioner, the Board may postpone the date of the hearing for a reasonable time beyond such 14 day period if in its judgement the petitioner has submitted a good and sufficient reason for the postponement. After the hearing the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter have been complied with. The proceedings at the hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Board. The records shall also include a copy of every notice issued in connection with the matter.
(C) At the conclusion of the 60 day correction period, the Inspector shall conduct an on-site inspection of the junkyard or salvage yard affected by the notice to determine compliance. If the Inspector finds that the violation has been corrected he or she shall notify the owner in writing of his or her compliance. If the Inspector finds:
(1) That corrective measures have not been taken, he or she shall initiate appropriate action against the person or persons affected by the notice. The action may include, in addition to the remedies provided in § 111.99, an order for the revocation of any junkyard license by the Board; or
(2) If the Inspector finds that the person or persons responsible for the violation have made a good faith effort to correct the violation, the Inspector may provide notice to perform such further corrective measures as deemed necessary by the Inspector. The notice shall be issued pursuant to division (A) of this section and may be appealed pursuant to division (B) of this section. If all corrective measures have not been fulfilled by the conclusion of the second notification period, the Inspector shall initiate appropriate action as specified in division (C)(1) above.
(D) Whenever the Inspector shall find that an emergency exists which requires immediate action to protect the public health or safety, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that corrective action be taken within 30 days or as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, the order shall be effective immediately. Any person to whom the order is directed shall comply therewith immediately, but upon filing a petition with the Board, shall be afforded a hearing within 7 days of the receipt by the Board of the petition. After the hearing, depending upon its findings as to whether the provisions of this chapter have been complied with, the Board shall continue such order in effect, modify it or revoke it.
(E) Any person aggrieved by this decision of the Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
(Ord. —, passed 11-6-1978; Am. Ord. —, passed 11-6-1979; Am. Ord. —, passed 6-15-1983; Am. Ord. —, passed 3-7-1988)