(a) Should the Village Zoning Administrator or designee, or the Fire Chief, find that nuisance exists, the Village Zoning Administrator or designee shall photograph such nuisance. The Village Zoning Administrator or designee shall then determine from the records of the Fulton County Auditor's Office any owner, mortgagee, lien holder, tenant, or person that possesses an interest of record in the property an immediately send a standard notice of violation as outlined in subsection (d) below. The Village Zoning Administrator or designee may also send the standard notice of violation to the lessee, tenant, and/or occupant of the premises.
(b) The Standard notice of violation shall:
(1) Describe with reasonable certainty the premises determined to be a nuisance.
(2) Describe the conditions constituting the nuisance.
(3) Specify that the owner or lessee, tenant or occupant has thirty (30) calendar days in which to take on of the actions described in subsection (c) below.
(4) State whether the Village Zoning Administrator or designee, or the Fire Chief, finds the nuisance to constitute an emergency.
(5) Describe the remediation necessary to abate the nuisance, which may include repair, rehabilitation and/or vacating of the premises.
(6) Specify the actions to be taken by the Village upon failure of an owner or lessee, tenant, or occupant to take one of the actions described in subsection (c) below within the thirty (30) day limit.
(c) Standard Notice of Violation.
(1) In cases in which demolition is not required for abatement, an owner shall have thirty (30) days from receipt of the notice of violation to take one of the following actions:
A. Fully and completely abate the nuisance.
B. Work out a schedule, satisfactory to the Village Zoning Administrator or designee, for the nuisance abatement, with sufficient surety acceptable to the Village to guarantee completion.
C. Appeal the determination of the Village Zoning Administrator or designee of the existence of a nuisance and/or the remedy required to the Board of Zoning Appeals by filing a written notice of appeal with the Village Zoning Administrator or designee.
(2) If an owner appeals the standard notice of violation to the Board of Zoning Appeals in accordance with this section, the Board shall affirm, reverse, or modify the determination made by the Village Zoning Administrator or designee within thirty (30) days of receipt of the appeal. The final decision of the Board of Zoning Appeals shall be delivered to the property owner via one of the methods described in subsection (d) below.
(d) The standard notice of violation may be served by any of the following methods:
(1) Hand delivery
(2) Posting a notice of violation on the subject premises
(3) Sending certified and ordinary U.S. Mail, addressed to the usual place of residence of the persons entitled to receive the notices of violation as indicated by the real property records of the Fulton County Auditor's Office.
(e) If an owner, lessee, tenant, or occupant fails to appeal a standard notice of violation within thirty (30) days of receipt of the standard notice of violation and fails to take one of the other steps described in subsection (c) above, the Village Zoning Administrator or designee is authorized to take immediate action to abate the nuisance. Action by the Village Zoning Administrator or designee shall be through such legal or administrative channels as are deemed most appropriate or through use of either village or private labor to affect the necessary nuisance abatement. (Ord. 2024-09. Passed 4-15-24.)