The enforcement of the provisions of this chapter shall be the responsibility of the Building Inspector, together with such additional enforcement officers as may be designated by the Mayor.
(a) Inspection. All commercial buildings and premises within the Village are subject to exterior inspections periodically by the Building Inspector. Except in case of emergency, such inspection shall be preceded by written notice of the inspection given to the property owner at least forty-eight (48) hours before the inspection.
(b) Notice.
(1) Where a violation of any provision of this chapter is found to exist, the Building 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 and shall provide for a reasonable period of time to correct or abate the violation.
(2) Notice shall be served personally or by certified mail 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.
(c) Right of Appeal.
(1) Within thirty (30) days of the date of service of notice, any person affected by the notice may request a hearing thereon before the Planning and Zoning Commission by filing a written request with the Village’s Building Department Administrator. The Chairperson of the Planning and Zoning Commission, upon receipt of the request, shall, within thirty (30) days therefrom, and upon five (5) days notice to the party and the Building Inspector, set the matter down for hearing. The Planning and Zoning Commission 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 issuance of such order, and thereafter the subject matter of such order of modification or dismissal may be amenable to further inspection, notice and appeal as set forth herein.
(2) The Planning and Zoning Commission shall consider only the following in determining appropriate action to be taken:
A. That any modification of the original order of the Building 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 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 might be derived therefrom.
No license or permit or other certification of compliance with this Code 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 from complying with any such other provision, nor any official of the Village from enforcing any such other provision.
(Ord. 1999-53. Passed 1-5-00.)