(a) In the event that work performed does not conform with the provisions of the Protected Hillside Zone permit, a written notice to comply shall be served upon the owner, developer, builder or occupant. Such notice shall set forth the nature of the correction required and the time within which correction shall be made. Failure to comply with such notice shall result in the issuance of a stop work order applicable to all activity except that necessary for correction of the violation. Upon correction of the violation, the stop work order shall be voided and all permitted activity may resume.
(b) In the event of a continued violation of the approved Protected Hillside Zone permit, a public hearing on the matter shall be conducted by the Planning and Zoning Commission. Written notice of such hearing shall be served upon the owner, developer, builder or occupant by registered mail and shall state:
(1) The grounds of the complaint;
(2) The time and place such hearing is to be held.
Such notice shall be served at least fifteen days prior to the date set for the hearing. At any such hearing, the owner, developer, builder or occupant shall be given an opportunity to be heard and he may call witnesses and present evidence on his behalf.
If, after such hearing, the Planning and Zoning Commission concludes that the issuance of additional corrective notices would be futile, any bonds or cash deposits posted with the City shall be forfeited, whereupon such security shall be used for completion of the Protected Hillside Zone permit as approved. Any additional costs incurred by the City shall be certified to Council for certification to the County Auditor for placement as a lien upon the property under authority of Ohio R.C. 715.47.
(c) In the case of a real and present emergency, the Building Commissioner shall refer the matter to the Director of Law who shall institute an appropriate action at law.
(Ord. 19-2007. Passed 5-8-07.)