§ 152.08 NONCONFORMITIES.
   (A)   When an owner has applied for a rental permit, and upon inspection, the Building Official is unable to certify that the dwelling or dwelling unit for which a rental permit is sought conforms to the requirements of this chapter or the rules, regulations, and ordinances in the "rental condition inspection for occupancy checklist," the office of the Building Department may, when the nonconformity in his or her opinion does not constitute an immediate threat or danger to the health, safety, or public welfare of the community or the inhabitants or potential inhabitants of the dwelling or dwelling unit, issue a conditional rental permit to the applicant. The office of the Building Department shall not grant a conditional rental permit if the dwelling or dwelling unit constitutes an immediate threat or danger to the health, safety, or public welfare of the community of the inhabitants or potential inhabitants of the dwelling or dwelling unit.
   (B)   A conditional rental permit shall set forth the reasons why the dwelling or dwelling unit does not conform to this chapter and the condition for occupancy checklist. The time for the owner to secure conformity shall not exceed 30 days.
   (C)   If the owner has not corrected the violations within 30 days of receiving notice from the office of the Building Department, the Building Department shall give written notice to the owner that the issued conditional permit has been revoked.
   (D)   If a tenant occupies a unit based on a conditional rental permit, the owner shall notify his or her tenant or potential tenant that until the owner receives the required rental permit, the tenant may be required to vacate the unit.
   (E)   Any decision by, or issue raised by action of the office of the Building Department under this section is subject to appeal to the Village Planning Commission by filing a written notice of appeal within 30 days after receipt of a written notice or letter from the office of Building Department. A hearing shall be held by the Village Planning Commission within 15 days after such notice of appeal is filed and a decision by the Village Planning Commission shall be rendered no later than 20 days after the filing of the written notice of appeal. During the pendency of any appeal, enforcement of this chapter shall be stayed.
(Ord. O-2-07, passed 2-12-2007; Ord. O-15-22, passed 5-23-2022)