§ 50.121 VIOLATION.
   (A)   Whenever the Building Inspector determines that a violation of any provision of §§ 50.120 through 50.127 has occurred, the Building inspector shall give notice to the person responsible for the violation. The notice shall:
      (1)   Be in writing;
      (2)   Include a statement of the reasons for issuance of the notice;
      (3)   Allow reasonable time as determined by the Building Inspector for performance of any act it required;
      (4)   Be served upon the person responsible for the violation(s) and property owners. The notice shall have been properly served when a copy has been sent to the last known address known by the Building Inspector; and
      (5)   Contain an outline of remedial action which is required to affect compliance with this chapter.
   (B)   It shall not be a prerequisite to enforcement of the penalty provisions of this chapter that the Building Inspector first resort to the notice procedure set forth in division (A)(4) above.
   (C)   (1)   Any person affected by an order or notice issued by the Building Inspector in connection with the enforcement of any section of this chapter, may file in the Office of the Building Inspector a written request for a hearing before the Board of Trustees. The Board of Trustees shall hold a hearing within 30 days from the date on which the written request was filed.
      (2)   The petitioner for the hearing shall be notified of the time and place of the hearing not less than five days prior to the date on which the hearing is to be held.
      (3)   If the Board of Trustees finds that strict compliance with the order, or notice, would cause undue hardship on the petitioner, and that the public health would be adequately protected and substantial justice done by varying or withdrawing the order or notice, the Board of Trustees may modify or withdraw the order or notice.
      (4)   As a condition for the action, the Board may make requirements which are additional to those prescribed in this chapter for the purpose of properly protecting the public health.
      (5)   The Board of Trustees shall render a decision within ten days after the date of the hearing which shall be reduced to writing and placed on file with village staff as a matter of public record.
   (D)   (1)   In any case where a provision of any zoning, building, fire, safety or health ordinance, or code of village existing on the effective date of this chapter, the provision which, in the judgment of the Board of Trustees establishes the higher standard for the promotion and protection of the health and safety of the people the existing shall prevail.
      (2)   In any case where a provision of any other ordinance existing on the effective date of §§ 50.120 through 50.127 establishes a lower standard for the promotion and protection of the health and safety of the people the provisions of §§ 50.120 through 50.127 shall be deemed to prevail and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with §§ 50.120 through 50.127.
      (3)   If any section, division, paragraph, sentence, clause or phrase of this chapter should be declared invalid for any reason whatsoever, the decision shall not affect the remaining portions of this chapter which shall remain in full force and effect and, to this end, the provisions of this chapter are hereby declared to be served.
(Am. Ord. 2020-03-02C, passed 3-2-2020)