(A) Whenever, upon inspection of a multi-family rental dwelling structure based on consent, or upon inspection pursuant to an administrative search warrant as defined in § 116.58 below, the Building Commissioner, and/or his/her designee, finds that conditions or practices exist which are in violation of the provisions of this chapter, any applicable provisions of the codes and ordinances of the village, or any applicable rules or regulations pursuant thereto, the Building Commissioner, and/or his/her designee shall serve the owner with notice of such violation or violations. Such notice shall state that unless the violations cited are corrected within a reasonable period of time, but not less than five days, except that in emergency situations the time period may be reduced, any and all certificates issued pursuant to this chapter may be suspended.
(B) At the end of the time period allowed for correction of any violation cited, the Building Commissioner, and/or his/her designee, shall reinspect or cause the reinspection of the multi-family rental dwelling structure and, if it is determined that such violative conditions have not been corrected, an order may be issued suspending any and all certificates issued under this chapter. The order shall take effect seven business days following service upon the owner unless, in the interim, the Owner requests, in writing, a hearing.
(C) Any owner whose certificate issued pursuant to this chapter is subject to suspension, pursuant to a suspension order, shall be entitled to a hearing on the suspension action by filing a written request with the Village Clerk, for a hearing before the Village Building Committee, within seven business days following the receipt of the suspension order. Upon receipt of the request, the hearing shall be scheduled to be held before the Village Building Committee at a date not more than seven business days after receipt of the written request. At the hearing, the Village Manager, or such person as the Village Manager designates, shall present evidence in support of the suspension, and the owner shall be permitted to rebut such evidence that is, in the discretion of the Village Building Committee, relevant and material. Based upon the evidence presented at the hearing, the Village Building Committee may either:
(1) Confirm the suspension;
(2) Allow additional compliance time for correcting the violations cited; or
(3) Rescind the suspension.
The Village Building Committee's decision shall be final and binding. The suspension of any certificate issued pursuant to this chapter shall not release or discharge the owner from paying any fees due, nor shall such owner be released from prosecution for violations of this chapter.
(D) If no petition for a hearing before the Village Building Committee on a suspension order is filed as provided above, then such order shall remain in effect until the violations in question have been corrected, as determined by the Building Commissioner, and/or his/her designee, upon inspection of the multi-family rental dwelling structure. If, after two months from the effective date of the suspension, the violations in question are not corrected sufficiently to bring the property into compliance with this chapter, the Building Commissioner, and/or his/her designee will issue an order revoking any and all certificates issued pursuant to this chapter, and the owner shall be required to submit a new application to the village in order to obtain any new certificates as required by this chapter. The effective date and appeals process for a revocation order shall be the same as for a suspension order as defined in this chapter.
(Ord. 95-0-064, passed 8-28-95)