(a) Notice. Whenever the Building Inspector determines that there are reasonable grounds to believe that violations of this chapter exist, he or she shall give notice of such alleged violation to the person or persons responsible therefor, and to any known agent of such person, as hereinafter provided. Such notice shall:
(1) Be put in writing;
(2) Include a statement of the grounds for issuance of the violation notice;
(3) Allow a reasonable time for the performance of any act which the notice requires;
(4) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter; and
(5) Be personally served upon the owner, or his or her agent, or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him or her personally, or if a copy is left with a responsible person at the residence or office of the person to be served. If personal service cannot be accomplished, substitute service is allowed. Such service shall be deemed to be accomplished if a copy of the notice is sent by registered mail to the last known address of the person to be served and a copy thereof is posted in a conspicuous place in or about the dwelling which is affected by the notice, or is published in the official newspaper of the village. Any other method of service authorized or required under the laws of this state shall be sufficient if personal service cannot be accomplished and if substitute service is deemed to be ineffective to give notice. A copy of the notice shall also be served upon the village.
(b) Variances allowed. Any person affected by the determination that a violation of this chapter exists, may request the issuance of a variance by the Building Inspector. If the Building Inspector determines that the issuance of the variance requested is reasonable and that the failure to issue such a variance would cause undue hardship, the Building Inspector may issue the variance. If such a variance is issued, the Building Inspector shall make a written report to the Village Board stating the violation that exists, the variance that was issued and the reasons for the issuance of the variance. The Village Board may overrule the variance granted only after notice of the intent to do so is given to the person affected.
(c) Hearing. Any person affected by a notice of violation issued by the Building Inspector, the denial of a variance by the Building Inspector, or the overruling of a variance by the Village Board, may request and shall be granted a hearing on the matter before the Village Board, provided such person shall file in the office of the Village Administrator, Clerk, or highest elected official, as appropriate, within ten days after service of the notice of the violation, denial of the variance, or service of the notice that a variance was overruled, and a written petition requesting such hearing and setting forth a brief statement of the grounds therefor. Upon receipt of such petition, the Village Administrator, Clerk, or highest elected official, as appropriate, shall arrange a time and place for such hearing and shall give the petitioner written notice thereof. Such hearing shall be held as soon as practicable after the receipt of the request therefor. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice should not be complied with or why the variance requested should be granted.
(d) Action after hearing. After such hearing, the Village Board shall sustain, modify, or withdraw the notice, or grant, deny, or modify the variance, depending on its findings as to whether the provisions of this chapter have been complied with. If the Board shall sustain the notice, said notice shall be deemed to be an order. If the Board shall modify such notice, the modification shall be placed in writing and it shall be deemed to be an order. If the Board denies the variance, the variance previously issued by the Building Inspector shall be void. If the Board grants a new variance, it shall be in writing and that document shall be deemed to be the variance that is in effect.
(e) Notice to be an order if not appealed. Any notice served pursuant to subsection (a) above of an alleged violation or of a denial of variance shall automatically become an order if a written petition for a hearing is not filed with the Village Administrator, Clerk, or highest elected official, as appropriate, within ten days after such notice is served.
(f) Record of hearing. The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the offices of the village. Such record shall also include a copy of every notice, variance, overruling of a variance, or order issued in connection with the matter.
(g) Appeal to court. Any person aggrieved by the decision of the Village Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the state.
(h) Emergency orders. Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public health he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding any other provision of this chapter, such order shall be effective immediately; but upon petition to the Village Board, the person subject to the order shall be afforded a hearing as soon as possible in the manner provided in subsection (b) above. After such hearing, depending on the findings as to whether the provisions of this chapter have been complied with, the Village Board shall continue such order in effect, or modify it or revoke it or issue a variance from this chapter.
(Prior Code, § 15-5-4)