(a) Notice and Order. Whenever any officer or employee of the Village who has enforcement authority as provided in Section 1340.05
determines that any property or structure used for residential or commercial purposes, or any portion thereof, fails to meet the requirements set forth in this chapter shall issue a Notice of Violation and Order to correct, setting forth the alleged failures and advising the owner(s) or person(s) having control, including that of a temporary control, of the premise that such failures must be corrected. This notice shall:
(1) Be in writing.
(2) Describe by address the property where the violations are alleged to exist or to have been committed.
(3) Set forth the particular provision of this chapter alleged to have been violated.
(4) Specify a date of completion for each violation alleged.
(5) Be served upon the owner or other adult person having control of the premises by:
A. Personal service;
B. Alternatively, service may be made by posting said Notice and Order conspicuously upon the premises affected;
C. Alternatively, service may be made by certified U.S. mail endorsed for delivery to “addressee only”. In the event that the certified mail is returned endorsed as "unclaimed" or “refused delivery” then service may be made by regular U.S. mail.
(6) Include information such as phone numbers and locations to seek possible remedial or financial assistance.
(b) Right of Appeal. The owner of the property affected by an Order which alleges violations of the subject areas set forth in Section 1340.04
(a) or (b) shall have a right of appeal as follows:
(1) The appeal shall be made in writing within ten days from the date of service of the Notice and Order and shall be mailed or delivered to the Zoning and Nuisance Inspector in care of the Village of Minerva.
(2) The appeal shall be allowed only on the question of whether or not the conditions cited in the Notice and Order constitute the violation alleged.
(3) The Village Administrator or his designee shall consider the appeal request and shall affirm, modify or rescind the Order.
(c) Expiration of Allotted Period of Time for Corrections of Alleged Violation(s). At the end of the period of time allotted for the correction of any violation alleged, the officer or employee who issued said Notice and Order shall reinspect the conditions and violations described in the Notice and Order.
(d) Unconformity of an Issued Notice and Order. In any instance where the officer or employee who issued said Notice and Order determines that the conditions to be remedied in his Notice and Order have not been corrected within the period of time allotted for rectification such officer or employee shall notify the Village Administrator or his designee of the continuing existence of said violation. The Village Administrator or his designee may take the following actions.
(1) Request the Law Director to conduct a hearing with the property owner, or
(2) Cite the alleged violator to appear in Mayor's Court for uncompliance of rectifying the alleged violation(s) as set forth in the Notice and Order and to which such Notice and Order was properly served in compliance with this chapter, or
(3) Request the Law Director to prepare a summons and complaint for criminal prosecution if the owner(s) or person(s) having control, including that of a temporary control, of the premise has been properly served with the Notice and Order in compliance with this chapter and the circumstances show that the owner(s) or person(s) having control, including that of a temporary control, of the premise has knowingly failed to comply with said Notice and Order.
(Ord. 38-99. Passed 10-26-99.)
(Ord. 38-99. Passed 10-26-99.)