(A) Notice to take corrective action.
(1) If the Inspector after investigation determines that the owner’s building, structure or dwelling has one or more deficiencies with regard to the structural standards, sanitary maintenance standards, or infestation control standards set forth in sections § 150.31 through § 150.33, but that the conditions are not so substantial or onerous as to constitute a fire or safety hazard or be dangerous to life, health or property, then the Inspector shall notify the owner in writing at the owner’s last known address or by personally delivering a copy of the notice in writing to the owner, and shall further post notice of the deficiency on the front entrance to the building, structure or dwelling. Said notice shall notify the owner of the deficiency and shall give the owner 30 days to correct the same. Owner shall be required to comply with the notice by informing the Inspector in writing that owner intends to correct the deficiency and by describing the actions owner shall take within a period of 30 days thereafter to begin in good faith to remedy the deficiency.
(2) Failure of the owner within such 30-day period either to: (a) respond in writing describing owner’s intent timely to comply or (b) make substantial progress towards correcting said deficiency shall constitute a violation of this subchapter. The 30 days owner has to begin to correct the deficiency in the building, structure or dwelling, and each day said deficiency continues thereafter without substantial progress being made to abate or lessen the violation shall constitute a separate violation hereunder.
(B) Appeals from orders of Inspector. An appeal from any decision or order of the Inspector may be taken by any person aggrieved thereby. Any appeal from the Inspector shall be taken within ten days from the rendering of the decision or service of the order, and shall be taken by filing with the Building Inspector and with the Board of Adjustment a notice of appeal which shall specify the grounds upon which the appeal is based. Upon the filing of any notice of appeal, the Building Inspector forthwith shall transmit to the Board of Adjustment the papers constituting the record upon which the decision appealed from was made. When appeal is from a decision of the Inspector refusing to allow the person aggrieved thereby to do any act, the decision shall remain in force until modified or reversed. When any appeal is from a decision of the Building Inspector requiring the person aggrieved to do any act, the appeal shall have the effect of suspending the requirement until the hearing by the Board, unless the Inspector certifies to the Board, after the notice of appeal is filed with him or her, that by reason of the facts stated in the certificate (a copy of which shall be furnished the appellant), a suspension of his or her requirement would cause imminent peril to life or property, in which case the requirement shall not be suspended except by a restraining order, which may be granted for due cause shown upon not less than one day’s written notice to the Inspector, by the Board, or by a court of record upon petition made pursuant division (C) of this section. The Board shall fix a reasonable time for the hearing of all appeals, shall give due notice to all the parties, and shall render its decision within ten days following the hearing. Any party may appear in person or by agent or attorney. The Board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, and may make such decision and order as in its opinion is proper in the matter, and to that end it shall have all the powers of the Building Inspector, but the concurring vote of the majority of the Board of Adjustment shall be necessary to reverse or modify any decision or order of the Building Inspector. The Board of Adjustment shall have power in passing upon appeals, in any case where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, to adapt the application of the subchapter to the necessities of the case to the end that the spirit of the subchapter shall be observed, public safety and welfare secured, and substantial justice done. Every decision of the Board of Adjustment shall be subject to review by proceedings in the nature of certiorari instituted within 30 days of the decision of the Board of Adjustment, but not otherwise.
(C) Petition to superior court by owner. Any person aggrieved by an order issued by the Building Inspector or a decision rendered by the Board of Adjustment shall have the right, within 30 days after issuance of the order or rendering of the decision, to petition the superior court for a temporary injunction restraining the Inspector pending a final disposition of the case .
(Ord. 12-O-02, passed 11-26-2012)