(A) The administration of this article shall be carried out by the Building Inspector of the city.
(B) The Building Inspector or his duly authorized representative is hereby authorized, upon showing proper identification to enter, examine, and survey at any reasonable time all dwellings, dwelling units, rooming units, and its premises located within the city. The occupant of every dwelling, dwelling unit, rooming unit, or the person in charge thereof, shall give the inspector or his representative free access to such dwellings, dwelling units, rooming units, and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.
(C) Whenever the inspector determines that there is evidence of a violation of any provision of this article, or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefore, as hereinafter provided.
(D) The notice shall:
(1) Be in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Allow a reasonable time for the performance of any act; and
(4) Be served upon the owner or his agent, or the occupant, as the case may require; provided, that such notice shall be deemed to be properly served upon the owner or agent or upon the occupant if a copy thereof is served upon him personally, or if a copy is sent by registered mail to his last known address; or if a copy is posted in a conspicuous place in or about the dwelling affected by the notice;
(E) Subsequent to the issuance of a notice as provided in subsections (C) and (D) and after the time for performance as allowed by subsection (D)(3) has elapsed, no building, or other structure, or part thereof, shall be continued in occupancy, or reoccupied until the Building Inspector shall have issued a certificate stating that the building, structure, or part thereof, and the proposed occupancy or re-occupancy or use thereof are found to be in conformity with the provisions of this article. Within five (5) days after notification that a building, structure, or premises or part thereof is ready for continuance in occupancy, re-occupancy, or use, it shall be the duty of the Building Inspector to make a final inspection and issue a certificate permitting continuance in occupancy, re-occupancy, or use if the building, structure, or part thereof is found to conform with the provisions of this article. If the Building Inspector, after final inspection refuses to issue such a certificate, he shall state the refusal in writing with the cause and immediately serve notice of such refusal to the owner or his agent, or his occupant, as the case may require in the manner provided in subsection (D).
(F) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article, or any rule and regulation adopted pursuant thereto may appeal to and shall be granted a hearing on the matter by the Board of Zoning Adjustment and Appeals, provided that such person shall file with the Board a written petition of appeal requesting such hearing and setting forth a brief statement of the grounds therefore within ten (10) days after the day the notice was served. The Inspector shall, upon the filing of any such petition submit to the Board all the papers constituting the record upon which the action appealed was taken. Upon receipt of the petition, the Board shall set a time and a place for a hearing, and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than thirty (30) days after the day on which the petition was filed. Provided, that upon application of the petitioner, the Board may postpone the date of hearing, for a reasonable time beyond the thirty (30) day period, if in its judgment the petitioner has submitted a good and sufficient reason for the postponement. An appeal stays all proceedings in furtherance of the action appealed from, unless the Inspector from whom the appeal is taken certifies to the Board of Adjustment that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such cases, proceedings may be stayed only by a restraining order which may be granted by the Board or by a Circuit Court on application to it, and notice to the office of Inspector from whom the appeal is taken and on due cause shown.
(F) Upon and after a hearing by the Board of an appeal from a notice or order of the Inspector, the Board shall sustain, modify or withdraw the notice or order, depending upon the Board's findings as to whether the provisions of this article and the rules and regulations adopted pursuant thereto have been complied with. If the Board sustains or modifies the notice or order, it shall be deemed to be a fair order. Any notice served pursuant to subsection (C) of this section shall automatically become a final order if a written petition for an appeal and hearing is not filed with the Clerk of the Board within ten (10) days after the notice is served.
(G) The proceedings at such hearing, including the findings and decision of the Inspector shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Inspector. The record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief in any court of competent jurisdiction, as provided by the laws of the state.
(Ord. 950.4, passed 2-7-67)