Where a violation of this chapter or the regulations hereunder is found to exist, a written notice from the Property Maintenance Officer shall be served upon the person or persons responsible for the correction thereof.
(a) Contents of Notice. The notice shall specify the violation or the violations committed, what must be done to correct the same, a reasonable period of time (not to exceed thirty (30) days) to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order of the Property Maintenance Officer in ten days after service, unless a hearing is requested pursuant to the provisions in subsection (c) herein.
(b) Service of Notice. Notice may be served personally or by mail with postage prepaid addressed, to the last known address of the person to be served. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the Richland County Auditor. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The Property Maintenance Officer shall file and provide notice to any owner or occupant of any violation at any address other than the last known address provided hereunder if such other address is filed with the Property Maintenance Officer personally or by certified mail address to the Property Maintenance Officer. Date of service of the notice shall be determined (where service is by mail) as the day following the day of mailing for notices to addresses within the Village and as of the fourth day after the day mailing for notices to addresses outside the Village. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day.
Notwithstanding any other provisions herein contained where premises are subject to registration and have been so registered, notice served upon the agent designated therein shall constitute service upon the owner, or lessor of the premises, jointly and severally.
(c) Notice to Become an Order Unless Hearing is Requested. Within ten (10) days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon before the Village Planning Commission, serving a written request within the ten (10) day period, in person or by mail, on the Clerk and Mayor. Such request for a hearing before the Village Planning Commission shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Clerk, upon receipt of the request, shall within thirty (30) days therefrom and upon five (5) days notice to the party aggrieved, set the matter down for hearing.
(d) Determination at Hearing. At any hearing provided hereunder, the Village Planning Commission shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by the issuance and service of subpoena; to require by subpoena the production of books, records, or other documents at any such hearing which may be pertinent to matters to be determined by them; and to enforce any such subpoena or secure any other for the enforcement of any such subpoena, as provided by law. Determination shall be made within ten (10) days from the completion of the hearing. The Village Planning Commission shall issue an order either incorporating the determination and direction contained in the notice, modifying the same, or withdrawing the notice.
(e) Extension of Time. The Property Maintenance Officer may extend the time for correction or abatement of the violations for an additional period of time not to exceed thirty (30) days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period of time not to exceed ninety (90) days beyond the expiration date of the original notice.
(f) Noncompliance with Notice. Whenever the owner, agent, occupant, or operator of a structure or premises fails, neglects, or refuses to comply with any notice of the Property Maintenance Officer that becomes a final order, the Property Maintenance Officer may advise the Law Director of the circumstances, and request him to institute an appropriate legal action to compel compliance.
(g) Referral of Violations. Any violation of any ordinance other than this chapter, discovered by the Property Maintenance Officer or his representative, shall be reported to the official or agency responsible for the enforcement of such ordinance.
(h) Notwithstanding the foregoing, a notice to cut grass or trim bushes or trees shall be obeyed within five (5) days and an appeal to Planning Commission shall not operate as a stay of the order.
(Ord. 05-46. Passed 11-20-06.)