(A) Whenever, upon inspection of the licensed multiple family building or single-family rental dwelling, it is determined that conditions or practices exist which are in violation of the provisions of this subchapter or any applicable ordinance, code, or regulation of the Village, the Building Official shall serve the owner with a notice of violation. Such notice shall identify the specific violations and state that unless they are corrected within the time specified in the notice, the owner shall be cited and its operating license may be suspended. Notice pursuant to this section may be sent by United States certified mail or hand delivered to the party designated in the application to receive notices and process.
(B) The Village shall conduct a re-inspection of the multiple family building or single-family rental dwelling at least every 45 days, unless otherwise specified by the Building Official, until all violations cited have been corrected. At the end of the time allowed for the correction of any violation cited, the multiple family building or a single- family rental dwelling shall be re-inspected by the Village. If it is determined that the conditions have not been corrected, the Village may issue a notice of intent to suspend the operating license. Violations caused by tenants should not be considered grounds for suspension of an operating license as long as the licensee cooperates in gaining compliance with applicable Village ordinances.
(C) Notice of intent to suspend shall be served upon the licensee together with the date, time and place of a hearing to determine whether a license shall be suspended. Such notice shall include a description or summary of the violations and shall be served upon the licensee in person or by certified mail not less than 72 hours prior to the hearing. The hearing shall be conducted by the Village Comptroller/Manager. Although the rules of evidence shall not apply at the hearing, the licensee shall have the right to be heard concerning the violations and present reasons why the license should not be suspended.
(1) Following such hearing, the Village Comptroller/Manager shall enter an order or decision regarding the suspension of the operating license.
(2) Any person whose operating license to operate a multiple family building or single-family rental dwelling has been suspended shall be given the opportunity to be heard by the Village President in connection with the violations. Said person must submit his or her request to be heard in writing and the written request must explain in detail, the violations cited, why they have not been corrected, and a compliance time frame for completion.
(a) However, if no written request for hearing reaches the Village President within 21 days following the issuance of the order of suspension, the operating license shall be revoked.
(b) In the event of a written request of hearing before the Village President, the rules of evidence shall not apply at the hearing regarding the suspension of the operating license. As a result of such hearing, the Village President may grant additional time for compliance with the applicable order or may revoke the operating license. Prior to revocation any person whose operating license has been suspended may request a reinspection upon a showing that the violation or violations cited in the notice have been corrected.
(D) If, upon re-inspection, it is determined by the Village that the violations cited in the notice have been corrected, the operating license shall be reinstated by the Comptroller/Village Manager.
(E) If the licensee is convicted by a court of a violation of any provision of this subchapter or any applicable ordinance, code, or regulation in connection with the licensed multiple family building or single-family rental dwelling, then the operating license shall be subject to revocation.
(F) In the event a condition of clear and present danger to health or safety is found to exist, the Comptroller/Village Manager may immediately revoke the operating license.
(G) Each day a multiple family building or a single- family rental dwelling continues to operate after an operating license has been revoked shall constitute a separate violation of this subchapter.
(H) The first re- inspection, referenced in division (B) above and each additional re-inspection, thereafter, shall be done and billed in accordance with the current fee schedule adopted by the Village, by resolution, which is subject to change from time to time at the discretion of the Village with the best interests of the Village in mind. Failure to pay a re-inspection fee within the time period specified in an invoice shall constitute a separate violation of this subchapter.
(Ord. 94-1890, passed 10-11-94; Am. Ord. 95-1909, passed 1-28-95; Am. Ord. 96-1990, passed 3-26-96; Am. Ord. 99-2148, passed 1-12-99; Am. Ord. 14-2975, passed 8-21-14; Am. Ord. 18-4110, passed 12-20-18) Penalty, see § 98.99