The enforcement of the provisions of this chapter shall be the responsibility of the Property Maintenance Officer or his designee, together with such additional enforcement officers as may be required to carry out and effectuate all of the provisions herein.
(a) Inspection. All buildings, premises, and uses within the City are subject to exterior inspection from time to time by the Property Maintenance Officer or his designee.
(b) Notice.
(1) Where a violation of any provision of this chapter is found to exist, the Property Maintenance Officer or his designee shall cause a written notice of such violation to be served upon the person(s) responsible for the correction thereof. The notice shall specify the violation or violations committed, what shall be done to correct the same, a reasonable period of time, not to exceed twenty-one (21) days, to correct or abate the violation and the right of the person served to appeal the notice of violation to the Board of Zoning Appeals. The violator(s) shall have twenty-one (21) days from the date of service of notice, or other reasonable stated period of time, to correct or abate the violation, or agree to correct or abate the same pursuant to a repair schedule submitted in writing by the violator(s) and approved by the Property Maintenance Officer or his designee. In the event that weather is a major consideration in correcting or abating the violation, the Property Maintenance Officer or his designee 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 being delivered personally, or by certified mail with return receipt requested, to the owner of the property appearing on the current record of the County Auditor and/or to the last known address of the tenant to be served. Notice may also be served by leaving a copy thereof at the usual residence of the person to be served. If a certified mail notice is returned as unclaimed or refused, then a notice shall be mailed by first class U. S. mail, with certificate of mailing. If the last known address of the owner or tenant cannot be ascertained, the notice shall be posted on the outside front entrance of the structure in alleged violation. If any mailed notice is returned showing that the letter was not delivered, a copy thereof 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 failure to comply shall constitute a Final order as to these administrative proceedings.
(c) Appeal.
(1) Within twenty-one (21) days of the date of service of notice required in section (b) any person affected by the notice may request a hearing thereon before the Board of Zoning Appeals by filing a written request with the Property Maintenance Officer or his designee. The Property Maintenance Officer or his designee shall forward such request to the Board within five (5) business days of receipt. The Chairperson of the Board, upon receipt of the request, shall set the matter down for hearing within thirty-one (31) days, of the next regularly scheduled meeting, allowing at least five (5) days notice to the party and Property Maintenance Officer or his designee. The Board of Zoning Appeals may sustain, modify or dismiss, in whole or part any action required to correct or abate the violation set forth in the notice and shall issue an order incorporating its determination, and such order shall be a Final order as to these administrative proceedings.
(2) The Board of Zoning Appeals shall consider the following in determining appropriate action to be taken, to wit:
A. That any modification of the original order of the Property Maintenance Officer and/or his/her designee shall not, in any material way, alter the standards of this chapter and shall not affect detrimentally 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 City that might be derived there from.
(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 or the City from enforcing any such provision.
(Ord. 30-08. Passed 11-25-08.)