(a) Inspection. All buildings, premises, and uses within the Village are subject to exterior inspection from time to time by the Building Code Official and/or his/her designee. The Building Code Official and/or his/her designee are authorized to enter the premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Building Code Official and/or his/her designee are authorized to pursue recourse as provided by law.
(b) Notice.
(1) Where a violation of any provisions of this chapter is found to exist, the Building Code Official and/or his/her designee shall cause a written notice of such violation to be served upon the person(s) responsible for the correction thereof. The notice shall specify the violation committed. The violator(s) shall have thirty (30) days from the date of service of notice, or other reasonable stated period of time, to correct or abate the violation, or agree to correct or abate the same pursuant to a repair schedule submitted in writing by the violator(s) and approved by the Building Code Official and/or his/her designee. In the event that weather is a major consideration in correcting or abating the violation, the Building Code Official and/or his/her designee may extend the time set out herein to not more than sixty (60) days immediately following the occurrence of appropriate weather conditions. The Building Code Official shall include a specific date by which compliance shall be met in all notices to the responsible party.
(2) Notice shall be served by being delivered personally with receipt or certificate, or by certified or first class mail with receipt or certificate of such mailing, to the owner of the property appearing on the current record of the county auditor. If the last known address of the owner cannot be ascertained, the notice shall be posted on the outside front entrance of the structure in alleged violation. If any mailed notice is returned showing that the letter was not delivered, a copy thereof shall be posted on the outside front entrance of the structure in alleged violation.
(3) In the absence of an appeal, as provided below, the completion of notice, and failure to comply, shall constitute Final Order as to administrative proceedings.
(c) Appeal.
(1) Within twenty-one (21) days of the date of service of notice, any person affected by the notice may request a hearing thereof before the Board of Zoning Appeals by filing written request with the Building Code Official and/or his/her designee. The Building Code Official and/or his/her designee shall forward such request to the Board within five (5) business days of receipt. The Chairperson of the Board, upon receipt of the request, shall set the matter down for hearing within thirty-one (31) days, or the next regularly scheduled meeting, allowing at least five (5) days notice to the party and Building Code Official and/or his/her designee. The Board of Zoning Appeals may sustain, modify or dismiss, in whole or in part any action required to correct or abate the violation set forth in the notice and shall issue an order incorporating its determinations, and such order shall be a Final Order as to these administrative proceedings.
(2) No license or permit or other certification of compliance with this chapter shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, manager or resident from complying with any such other provision, nor any official or the Village from enforcing any such provision.
(Ord. 444-02-07. Passed 2-20-07.)