The following sections are hereby revised as follows:
(A) Section 101.1. Insert: "the Village of Homer";
(B) Section 103.5. Insert: "as established by resolution of the Village Council";
(C) Section 106.3. Change to read: "Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a civil infraction as set forth in section 122.01 of the Codified Ordinances of the Village of Homer. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate the violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the code official on the premises shall be charged against the real estate upon which the structure is located and shall be a lien upon the real estate.";
(D) Section 111.2. Change to read: "Membership and qualifications of board of appeals: The board of appeals shall be the same board that hears appeals under the Building Code, Mechanical Code and Electrical Code and shall consist of three members appointed by the Village President with the concurrence of the Village Council as follows: one for three years, one for two years and one for one year. Thereafter, each new member shall serve for three years or until a successor has been appointed. The qualifications of the members of the board of appeals shall be as follows:
1. One state-licensed building contractor;
2. One state-licensed electrician;
3. One at-large member from the community.
These members shall have the qualifications as the Village President and Village Council shall consider essential to enable them to act intelligently and knowledgeably in matters pertaining to the code.";
(E) Subsection 111.2.1. Change to read: "Alternate Members: The Village President, with the concurrence of the Village Council, shall appoint an alternate state-licensed building contractor and alternate state-licensed electrician who shall be called by the board chairperson to hear appeals during the disqualification of the regular state-licensed building contractor member and regular state-licensed electrician member, respectively. The alternate members shall be appointed for three years or until a successor has been appointed, and shall have the qualifications as set forth in Section 111.2.";
(F) Subsection 111.2.2. Change to read: "Chairperson: The board shall annually select one of its members to serve as chairperson.";
(G) Subsection 111.2.4. Change to read: "Secretary: The Village President, with the concurrence of the Village Council, shall appoint a qualified person to serve as secretary to the board. In case of the absence of the secretary, the board shall appoint one of its members to serve as secretary. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.";
(H) Subsection 111.2.5. Change to read: "Compensation of members: Compensation of members, if any, shall be established by resolution of the Village Council.";
(I) Section 111.5. Change to read: "Postponed Hearing: When three members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing,";
(J) Section 111.6. Change to read: "Board decision: The board shall modify or reverse the decision of the code official by a concurring vote of two members.";
(K) Section 304.14. Insert: "March 1: November 1";
(L) Section 602.3. Insert: "January 1; December 31"; and
(M) Section 602.4. Insert: "January 1: December 31".
(Ord. 07-01, passed 7-2-2007)