(a) Notification.
(1) All structures, premises, and uses within the Village are subject to exterior inspections from time to time by the Police Chief, Zoning Inspector or Village Administrator.
Where a violation of any provision of this chapter other than a violation of Section 1488.10(a) and (b) is found to exist, the Police Chief, Zoning Inspector or Village Administrator, 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. Within 14 days of the date of service of notice, a reasonable period of time to correct or abate the violation shall be established. Such reasonable period of time for the correction and abatement of the violations shall be pursuant to a repair schedule submitted in writing by the violator and approved by the Police Chief, Zoning Inspector or Village Administrator. In the event that weather is a major consideration in correcting or abating the violation, the Police Chief, Zoning Inspector or Village Administrator may extend the time set out herein to not more than 60 days immediately following the occurrence of appropriate weather conditions.
(2) Notice shall be served by certified mail to the owner of the property appearing on the current record of the County Auditor. If the last known address of the property owner 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 administrative proceedings.
(b) Appeal.
(1) Within 14 days of the date of service of notice, the property owner affected by the notice may request a hearing thereof before the Board of Zoning Appeals (Zoning Commission) by filing a written request with the Police Chief, Zoning Inspector or Village Administrator. The Police Chief, Zoning Inspector or Village Administrator shall forward such request to the Board within five days of receipt. The Chairperson of the Board, upon receipt of the request, shall set the matter down for hearing within 30 days, allowing at least five days’ notice to the party and the Police Chief, Zoning Inspector or Village Administrator. The Board of Zoning Appeals 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 determinations, and such order shall be a final order as to these administrative proceedings.
(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 Police Chief, Zoning Inspector or Village Administrator shall not, in any material way, alter the standards of this chapter and shall not affect detrimentally the health or safety of occupants, 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 property owner, by reason of compelling expenditure for repair of the premises which would be substantially disproportionate to any benefit to the health, safety or welfare of the community that might be derived therefrom.
(3) No license, permit, or other certification of compliance with this chapter shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises, nor shall any provision herein relieve any property owner from complying with any such other provision, nor any official of the Village from enforcing any such other provision.
(Ord. 980. Passed 1-3-06.)