(a) The Mayor and/or his or her designee shall enforce the provisions of this chapter as set forth herein.
(1) Inspection. All buildings and premises within the city are subject to exterior inspections from time to time by the Mayor and/or his or her designee.
(2) Notice of violation.
A. Where a violation of any provision of this chapter is found to exist, the Mayor and/or his or her designee shall cause a written notice of the 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 60 days, to correct or abate the violation. In the event that weather is a major consideration in correcting or abating a violation, the Mayor and/or his or her designee may extend the time set out herein to not more than 60 days immediately following the occurrence of appropriate weather conditions.
B. Notice may be served personally or by certified mail addressed to the last known address of the person to be served, or by leaving a copy thereof at the usual residence of the person to be served. If the last known address cannot be ascertained, the notice shall be posted on the outside front entrance of the structure in alleged violation.
C. In the absence of an appeal, as provided below, completion of notice and failure to comply shall constitute a final order as to these administrative proceedings.
(3) Appeal.
A. Within ten days of the date of service of the notice of violation, any person affected by the notice may request a hearing thereon before the Zoning Board of Appeals by filing a written request with the Chairperson of the Board. The Chairperson of the Board, upon receipt of the request, shall, within 30 days therefrom, and upon five days' notice to the party and the Mayor and/or his or her designee, set the matter down for hearing. The Board 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 the order shall be a final order as to these administrative proceedings; provided, however, that any order of modification or dismissal shall be effective for two years following the date of issuance of the order, and thereafter the subject of the order of modification or dismissal may be amendable to further inspection, notice and appeal as set forth herein.
B. The Zoning Board of Appeals shall consider only the following in determining appropriate action to be taken:
1. Any modification of the original order of the Mayor and/or his or her designee 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 and welfare of the occupants or owners of adjacent premises or of the immediate neighborhood; and
2. 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 health, safety or welfare of the community that might be derived therefrom.
(b) 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 provision, nor any official of the city from enforcing any such other provision.
(Ord. 23-89, passed 9-5-1989; Ord. 26-2008, passed 8-4-2008)