(A) Whenever the Building Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, the Building Inspector shall give notice of the alleged violation to the person to whom the permit or license was issued, as hereinafter provided. The notice shall:
(1) Be in writing;
(2) Include a statement of the reasons for its issuance;
(3) Allow a reasonable time for the performance of any act it requires;
(4) Be served upon the owner or his or her agent as the case may require; provided, the notice or order shall be deemed to have been properly served upon the owner or agent when a copy thereof has been sent by certified mail to his or her last known address, or when he or she has been served with the notice by any method authorized or required by the laws of this state; and
(5) Contain an outline of remedial action which, if taken, will affect compliance with the provisions of this chapter.
(B) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing on the matter before the City Council; provided, that the person shall file in the office of the Building Official a written request for a hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of any order issued under division (E) below. Upon receipt of the request, the City Secretary 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the hearing, the petitioner shall be given an opportunity to be heard and to show why the notice should be modified or withdrawn.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 ten days after the day on which the request was filed; provided, that upon application of the petitioner the City Secretary may postpone the date of the hearing for a reasonable time beyond the ten-day period when in his or her judgment the petitioner has submitted good and sufficient reasons for the postponement.
(C) After the hearing the City Council shall make findings as to compliance with the provisions of this chapter and shall issue an order in writing sustaining, modifying or withdrawing the notice, which shall be served as provided in division (A) above. Upon failure to comply with any order sustaining or modifying a notice, the license of the mobile home park affected by the order shall be revoked.
(D) The proceedings at such a hearing, including the findings and decision of the City Council, and together with a copy of every notice and order related thereto, shall be entered as a matter of public record in the records of the city. Any person aggrieved by the decision of the City Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
(E) Whenever the Building Official finds that any emergency exists which requires immediate action to protect the public health, he or she may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she may deem necessary to meet the emergency including the suspension of the permit or license. Notwithstanding any other provisions of this chapter, the order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the City Council shall be afforded a hearing as soon as possible. The provisions of divisions (C) and (D) above shall be applicable to the hearing and the order issued thereafter.
(Ord. 6-86, passed 10-1-1986)