The Zoning Inspector shall have the primary duty of enforcing the provisions of this chapter under the direction of the Director of Public Service-Safety. It shall be the duty of all officers and employees of the Municipality, and especially all members of the Police and Fire Divisions, to assist the Zoning Inspector by reporting to him, for the taking by him of the necessary initial action, all apparent violations.
(a) When the Zoning Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided.
(1) Such notice shall:
A. Be put in writing and include a description of the real estate sufficient for identification;
B. Include a statement of the reasons why it is being issued;
C. Allow a reasonable time for the performance of any act it requires;
D. Be served upon the owner, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this State.
(2) Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
(b) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Zoning Inspector provided that such person shall file in the office of the Zoning Inspector a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. Upon receipt of such petition the Zoning Inspector shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the date on which the petition was filed; provided that upon application of the petitioner the Zoning Inspector may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement;
(c) After such hearing the Zoning Inspector shall sustain, modify or withdraw the notice, depending upon his finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Zoning Inspector sustains or modifies such notice, it shall be deemed to be in order. Any notice served pursuant to subsection (a) of this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Zoning Inspector within ten days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Zoning Inspector, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Zoning Inspector within ten days after such notice is served.
(d) The proceedings at such hearing, including the findings and decision of the Zoning Inspector shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Zoning Inspector. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Zoning Inspector may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State.
(e) Whenever the Zoning Inspector finds that an emergency exists which requires immediate action to protect the public health, he may, without notice of hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Zoning Inspector shall be afforded a hearing as soon as possible. After such hearing, depending upon his finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with the Zoning Inspector shall continue such order in effect, or modify it, or revoke it.
(Ord. 65-66. Passed 12-13-66.)