1306.06 ENFORCEMENT.
(a) Inspection. All buildings, premises, and uses within the City are subject to exterior inspections from time to time by the Zoning Inspector or Director of Safety/Service.
(b) Notice.
(1) Where a violation of any provision of this chapter other than a violation of Section 1306.12(b) is found to exist, the Zoning Inspector 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. Within fourteen (14) days of the date of service of notice, a reasonable period of time to correct or abate the violation shall be established. Such reasonable period of time for the correction and abatement of the violations shall be pursuant to a repair schedule submitted in writing by the violator and approved by the zoning inspector. In the event that weather is a major consideration in correcting or abating the violation, the Zoning Inspector may extend the time set out herein to not more than sixty (60) days immediately following the occurrence of appropriate weather conditions.
(2) Notice shall be served by certified mail to the owner of the property appearing on the current record of the county auditor and to the last known address of any known tenant.
(3) In the event of a failure of certified mail service, service of any notice shall be made by regular U.S. mail with certificate of mailing accompanied by posting a copy of the notice of the front of the premises. Service shall be deemed complete upon such mailing and posting.
(4) In the absence of an appeal, as provided below, the completion of notice, and failure to comply, shall constitute a 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 a written request with the Zoning Inspector. The Zoning Inspector shall forward such request to the Board within three (3) days of receipt. The Chairperson of the Board, upon receipt of the request, shall set the matter down for hearing within thirty (30) days, allowing at least five (5) days notice to the party and the Zoning Inspector. 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) The Board of Zoning 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 Inspector 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 the health, safety or welfare of the community that might be derived therefrom.
(3) 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 of the City from enforcing any such other provision.
(Ord. 2015-048. Passed 11-17-15.)