When the UDO Administrator (or agent of) finds a violation of this chapter or receives a complaint alleging a violation of this chapter, it shall be his duty to notify the owner or occupant of the land, building, structure, sign, or use of the violation. The owner or occupant shall immediately remedy the violation.
(A) Notice of violation. If the owner or occupant of the land, building, sign, structure, or use in violation fails to take prompt corrective action, the UDO Administrator shall give the owner or occupant written notice, by certified or registered mail, to the last known address or by personal service or by posting notice of the violation conspicuously on the property:
(1) That the land, building, sign, structure, or use is in violation of this chapter;
(2) The nature of the violation, and citation of the section of this chapter violated; and
(3) The measures necessary to remedy the violation.
(B) Appeal. Any owner or occupant who has received a notice of violation may appeal in writing the decision of the UDO Administrator to the Board of Adjustment, in accordance with the provisions of § 153.275, within 30 days following the date of the notice of violation. The Board of Adjustment shall hear an appeal within a reasonable time, and it may affirm, modify, or revoke the notice of violation. In the absence of an appeal, the remedies and penalties sought by the UDO Administrator in the notice of violation shall be final.
(C) Order of corrective action. If upon a hearing held pursuant to an appeal as prescribed above, the Board of Adjustment shall find that the owner or occupant is in violation of this chapter, the Board of Adjustment shall make an order in writing to the owner or occupant affirming the violation and ordering compliance.
(D) Failure to comply with an order. If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken, or an order of corrective action following an appeal, the owner or occupant shall be subject to such remedies and penalties as may be provided for by state law and § 153.265. If the owner or occupant fails to comply with the remedies and penalties prescribed, enforcement shall be sought through an order of a court of competent jurisdiction.
(Ord. O-5-23, passed 4-6-2023)