The enforcement of any and all provisions of this chapter is placed with the Village Zoning Enforcement Officer, together with such additional enforcement officers as may be required, as designated by the Mayor, and approved by Council, who shall carry out and effectuate all of the provisions herein.
(a) Notice and Appeal.
(1) Where a violation of any provisions of this chapter is found to exist, the Enforcement Officer shall cause a written notice of such violation to be served upon the person responsible for the correction thereof. The notice shall specify the violation committed and shall provide for a reasonable period of time, not more than thirty days, to correct or abate the violation. In the event that weather is a major consideration in correcting or abating a violation, the Zoning Administrator may extend the time set out herein to not more than thirty days immediately following the occurrence of appropriate weather conditions.
(2) Notice may be served personally or by certified mail addressed to the last known address of the person to be served or by leaving a copy thereof at the usual residence of the person to be served. If the last known address cannot be ascertained, the notice 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 the failure to comply shall constitute a Final Order as to these administrative proceedings.
(b) Appeal.
(1) Within ten days of the date of service of notice, any person affected by the notice may request a hearing thereon before the Board of Zoning and Building Code Appeals by filing a written request with the Clerk of the Board. The Chairman of the Board, upon receipt of the request, shall, within thirty days therefrom, and upon five days notice to the party and the Zoning Administrator, set the matter for hearing. The Board 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, provided, however, that any order of modification or dismissal shall be effective for two years following the date of the issuance of such order, and thereafter, the subject matter of such order of modification or dismissal may be amendable to further inspection, notice and appeal as set forth herein.
(2) The Board of Zoning and Building Code Appeals shall consider only the following in determining appropriate action to be taken, to wit:
A. That any modification of the original order of the Zoning Administrator shall not, in any material way, alter the standards of this chapter, and shall not affect detrimentally the health or safety of occupants, or the health, safety or welfare of the occupants or owners of adjacent premises or of the immediate neighborhood; and
B. That strict enforcement would constitute an undue and unnecessary hardship on the owner, manager or resident by reason of compelling an expenditure for repair of the premises which would be substantially disproportionate to any benefit to health, safety or welfare of the community that may be derived therefrom.
No license or permit or other certificate 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 such other provision herein relieve any owner, manager or resident from complying with any such other provisions, nor any official of the Village from enforcing any such other provision.
(Ord. 1991-1. Passed 5-23-91.)