The enforcement of any and all provisions of this chapter is placed with the Office of the Zoning Inspector, and such Zoning Inspector, together with such additional enforcement officers as may be required, shall carry out and effectuate all of the provisions herein.
(a) Inspection. All buildings and premises within the City are subject to exterior inspections by the Office of the Zoning Inspector, providing there is reasonable cause that a violation may exist.
(b) Notice and Appeal.
(1) Where a violation of any provision of this chapter is found to exist, the Zoning Inspector 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 Zoning Administrator 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 Board of Zoning 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 of the party and the Zoning Inspector, 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 determination, 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 Board of Zoning 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 Zoning Inspector shall not, in any material way, alter the standards of this chapter, and shall not affect detrimentally the health or safety of occpants, or the health, safety or 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.
(Ord. 6201-90. Passed 7-23-90.)