The enforcement of any and all provisions of this chapter is placed with the Zoning Inspector, and additional enforcement officers including but not limited to Summit County Building Department, Summit County Health Department, Village Police Department, and Village Fire Department as they believe may be required shall carry out and effectuate all of the provisions herein.
(a) Inspection. All buildings, premises, and uses within the Village are subject to exterior inspections from time to time by the Zoning Inspector.
(b) Notice.
(1) Where a violation of any provision of this chapter 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 and shall provide for a reasonable period of time, not more than ninety days, to correct or abate the violation. 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 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 to the tenant to be served. If the last known address of the tenant 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 failure to comply, shall constitute a Final Order as to administrative proceedings.
(c) Appeal.
(1) Within fourteen 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 Chairperson of the Board, upon receipt of the request, shall set the matter down for hearing at the next regularly scheduled meeting of the Board of Zoning Appeals, allowing at least five 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.
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 Village from enforcing any such other provision.
(Ord. 76-1996. Passed 12-17-96.)