(a) Inspections. The Village Administrator, or his designee, is hereby authorized to conduct inspections of the exterior of any building, structure or premises to determine compliance with the terms of this Code.
(b) Voluntary Inspections.
(1) Any owner, occupant or bona fide prospective owner or occupant may request an inspection of any building, structure or premises.
(2) If no violations of this Code are found as a result of such inspection, a certificate of inspection shall be provided to said owner or occupant or bona fide prospective owner or occupant. Said certificate of inspection shall be deemed presumptive proof of compliance with the terms of this Code for a period of 90 days from the date thereof.
(3) If any violations of this Code are found as a result of such inspection, a notice of violation and order of compliance shall be issued as provided in Section 1107.11. Upon compliance with the terms of the order of compliance, a certificate of inspection shall be issued as provided in subsection (b), above.
(4) A fee of twenty-five dollars ($25.00) shall be charged for all voluntary inspections pursuant to this section and the filing of the proper Voluntary Inspection Form must be submitted at the same time as the fee to the Village Administrator or his designee.
(c) Notice of No Finding; Notice of Violation.
(1) If no violations of the Code are found as a result of an inspection hereunder, the owner/occupant of said building, structure or premises shall be promptly notified.
(2) If any violations of the Code are found the owner/occupant shall be promptly provided with a notice of violation and an order of compliance. Such order and notice shall:
A. Be put in writing on an appropriate form;
B. Include a list of violations, refer to the section or sections violated and order remedial action which will effect compliance with the provisions of this Code;
C. Specify a reasonable time within which to comply (thirty (30) days and an extension of a reasonable amount of time can be granted); and
D. Be served upon the owner or occupant in person. However, notice and order shall be deemed to be properly served if a copy thereof is served in a manner provided for in a service of summons under the Ohio Rules of Civil Procedure.
(d) Appeals to Board of Zoning Appeals.
(e) Hearings.
(1) Any person affected by any notice and order issued in connection with the enforcement of any of the provisions of this Code may request and shall be granted a hearing of the matter before the Board of Zoning Appeals. Such person shall file in the office of the Village Administrator a written request for such hearing and set forth the name, address and phone number of the appellant and a brief statement of the grounds for such hearing and appeal from any notice or order of the Village Administrator.
(2) Requests shall be filed within ten days after the notice and order is served. Upon receipt of such request the Village Administrator shall set a time and place for such hearing before the Board and shall give the appellant written notice thereof at least fifteen days prior to said hearing date. The hearing shall be held within forty-five days after a request has been filed.
(3) At any hearing of the Board the appellant shall be given an opportunity to be heard and to show cause why such notice and order should be modified or dismissed. The failure of the appellant or a designated representative to appear and present the appellant's position at such hearing shall be grounds for dismissal of such request.
(4) Upon hearing, the Board may affirm, amend, modify or withdraw any notice and order. The appellant and the Village Administrator shall be notified in writing of such findings.
(5) The proceedings at any hearing, including the findings and decision of the Board and reason therefor, shall be summarized in writing and entered as a matter of public record in the Office of the Village Administrator. Such record shall also include a copy of every notice and order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the State.
(f) Penalty. Failure to comply with any order issued hereunder shall constitute a misdemeanor of the fourth degree, punishable by a maximum of 30 days in jail or a fine of two hundred fifty dollars ($250.00), or both.
(Ord. 01-2015. Passed 2-5-15.)
CODIFIED ORDINANCES OF GIBSONBURG