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(a) The Zoning Inspector or his or her designee upon finding that a violation of this chapter has occurred shall set forth the nature of the violation, a reasonable time determined by the Zoning Inspector or his or her designee to correct the violation and a statement that unless the violation is corrected within the stated time it may be corrected by the City and the cost of abatement assessed on the real estate involved and that the City may prosecute the owner, lessee, or party in control of any vacant building, or a mortgagee that has filed and is currently maintaining an open foreclosure action regarding a vacant building and that is in control of the vacant building and/or has the right to control the vacant building, for failure to comply with the notice of violation. Such notice or order may be issued by the Zoning Inspector or his or her designee without reporting the notice or order to Council. In case the City corrects the violations and the cost is not paid within thirty days, the cost to correct the violations may be assessed against the real estate from which the violations originated.
(b) The notice may be served by delivering it personally to the owner, authorized agent of the owner, lessee, party in control or occupant or by leaving it at the owner's, authorized agent, lessee's, party in control or occupant's usual place of business or residence, or by posting it in a conspicuous place on the real estate, building or structure involved, or by mailing it to the owner, authorized agent, lessee, party in control or occupant, or by publishing it once in a newspaper of general circulation within the City if it cannot be served in any of the ways above mentioned. The notice of violation to a mortgagee that has filed and is currently maintaining an open foreclosure action regarding a vacant building and that is in control of the vacant building and/or has the right to control the vacant building shall be served on the mortgagee at the address that is listed on the complaint for foreclosure and to the attorney for the mortgagee at the address for the attorney that is listed on the complaint for foreclosure. The notice to the mortgagee and the attorney for the mortgagee shall be mailed by certified mail, return receipt requested and by regular mail to the mortgagee and the attorney for the mortgagee. Service shall be deemed complete on the mortgagee and the attorney for the mortgagee when the certified and regular mail are placed into the mail by the City.
(c) Notwithstanding the requirement of notice provided herein, when in the opinion of the Zoning Inspector or his or her designee, the condition of a structure or premises, or part thereof, constitutes an immediate hazard to human life or health, including but not limited to, the placement, either temporarily or otherwise, of rubbish, garbage, litter or other personal property on the premises in violation of this chapter or any other section of this Code, then no such notice of violation need be given to the owner, lessee, or party in control of any vacant building, or a mortgagee that has filed and is currently maintaining an open foreclosure action regarding a vacant building. Upon such finding and declaring of an emergency nuisance condition, the zoning Inspector or his or her designee may proceed in the manner provided for in the Codified Ordinances to abate the emergency condition.
(Ord. 2010-O-10. Passed 9-14-10; Ord. 2021-O-11. Passed 4-27-21.)
The owner, agent, or party in control of any vacant building or a mortgagee that has filed and is currently maintaining an open foreclosure action regarding a vacant building, shall apply for and obtain a point of sale inspection pursuant to Chapter 1464 prior to selling, transferring, or conveying any interest in or entering into an agreement to sell, transfer or otherwise convey an interest in such property.
(Ord. 2010-O-10. Passed 9-14-10; Ord. 2021-O-11. Passed 4-27-21.)
Any violations found upon inspection of the premises under this chapter or any other provision of the Codified Ordinances shall be corrected within the time period prescribed in the notice of violations.
(Ord. 2010-O-10. Passed 9-14-10; Ord. 2021-O-11. Passed 4-27-21.)
(a) The Board of Zoning Appeals as established by Charter and ordinance, shall be the Board of Appeals for this chapter and its powers and duties and the procedures for appeal shall be as provided in such ordinance establishing the Board and as supplemented by this chapter.
(b) The owner, lessee, or party in control of any vacant building, or a mortgagee that has filed and is currently maintaining an open foreclosure action regarding a vacant building shall have the right to appeal from any order of, or written notice issued by, the Zoning Inspector and/or his or her designee within twenty days from the date such notice was given, mailed or issued, and to appear before the Board within thirty days of the notice of appeal that has been filed with the City, to show cause why he/she/it should not comply with such notice. Such appeal must be in writing. Failure to file a written appeal with the Board within the time prescribed herein shall constitute a waiver of the right to appeal. However, filing of an appeal from any such notice shall suspend action on enforcement of such notice until the appeal is acted upon by the Board.
(Ord. 2010-O-10. Passed 9-14-10; Ord. 2021-O-11. Passed 4-27-21.)
(a) The City assumes no liability or responsibility for the failure to report violations that may exist and makes no guarantee whatsoever, since there may be further violations which were not detected, which may arise in the future, or which may only be determined by a licensed electrician, plumber or other specialist.
(b) The City by the enforcement of this chapter does not thereby insure, warrant or guarantee that the notice of violations contains all of the violations of the Mentor-on-the-Lake Codified Ordinances, State or Federal law.
(Ord. 2010-O-10. Passed 9-14-10; Ord. 2021-O-11. Passed 4-27-21.)
Any person who violates any provision of this chapter is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00), or imprisoned not more than thirty days, or both. Every day that a violation continues shall constitute a separate and distinct offense. Unpaid fines shall be an assessment on the property enforceable in the same manner as assessments for delinquent property taxes.
(Ord. 2010-O-10. Passed 9-14-10; Ord. 2021-O-11. Passed 4-27-21.)