(a) Designation. The Inspector/Zoning Enforcement Officer is hereby designated to serve as Property Maintenance Officer hereunder and all inspections, regulations, enforcement and hearings on violations of the provisions of this chapter, unless expressly stated to the contrary, shall be under his direction and supervision. He may appoint or designate, subject to the approval of the City Manager, employees of the City to perform duties as may be necessary to the enforcement of this chapter, including the making of inspections.
(b) When Residential Inspections are to be Made. All buildings and premises subject to this chapter are subject to inspections from time to time by the Property Maintenance Officer of the City. At the time of such inspections, all exterior parts of the premises shall be available and accessible for such inspections, and the owner, operator and occupant are requited to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made between 8:30 a.m. and 4:30 p.m. unless the premises are not available during the foregoing hours for inspections or there is a reason to believe a violation exists of a character which is an immediate threat to health or safety, requiring inspection and abatement without delay.
(c) When Nonresidential Inspections are to be Made. All buildings and premises subject to this chapter are subject to inspections from time to time by the Property Maintenance Officer. At the time of such inspections, all exterior parts of the premises shall be available and accessible for such inspections, and the owner and operator are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made during the regular open hours of business occupying such premises unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety, requiring inspection and abatement without delay.
(d) Conduct of Inspectors. Inspectors shall conduct themselves as to avoid intentional embarrassment or inconvenience to occupants.
(e) Where Access by Inspectors is Refused. Where the Property Maintenance Officer or his agent is refused access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this chapter and subject to the penalties hereunder.
(f) Search Warrant or Access Warrant. In addition to the provisions of subsection (e) hereof, the Property Maintenance Officer may, upon affidavit, apply to the Municipal Court of Vandalia for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises and, if the Court is satisfied as to the matter set forth in such affidavit, the Court may authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. Warrant for access may be issued by the Court upon affidavit of the Property Maintenance Officer establishing grounds therefor pursuant to Section 1361.14(d).
(g) Procedure Where Violation Discovered. Where a violation of this chapter or the regulations hereunder is found to exist, a written notice from the Property Maintenance Officer shall be served on the person or persons responsible for the correction thereof.
(h) Contents of Notice. The notice shall specify the violation or violations committed, what must be done to correct the same, a reasonable period of time, not to exceed forty-five days, to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order of the Property Maintenance Officer in ten days after service unless a hearing is requested pursuant to subsection (j) hereof.
(i) Service of Notice. Notice may be served personally or by prepaid telegram or by mail with postage paid, addressed to the last known address of the person to be served. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the County Auditor. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The Property Maintenance Officer shall file and provide notice to any owner or operator of any violation at any address other than the last known address provided hereunder if such other address is filed with the Property Maintenance Officer personally or by certified mail addressed to the Property Maintenance Officer. Date of service of the notice shall be determined where service is by mail as of the day following the day of mailing for notices to addresses within the City, and as of the fourth day after the day of mailing for notices to addresses outside the City. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day.
(j) Notice to Become Order Unless Hearing Requested. Within ten days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon, before the Zoning Board of Appeals, in a manner prescribed by the Zoning Board of Appeals, and serves a written request within the ten-day period in person or by mail, on the Chairman of the Zoning Board of Appeals. Such request for a hearing before the Board shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Chairman of the Board, upon receipt of the request, shall within thirty days therefrom and upon ten days notice to the party aggrieved set the matter down for hearing.
(k) Determination at Hearing. At any hearing provided hereunder, the Chairman of the Zoning Board of Appeals shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by the issuance and service of subpoena, to require by subpoena the production of books, records, or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena or secure any order for the enforcement of any such subpoena, as provided by law. Determination shall be made within ten days from the completion of the hearing. The Zoning Board of Appeals shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdraw the notice.
(l) Extension of Time. The Property Maintenance Officer may extend the time for correction or abatement of the violations for an additional period of time not to exceed thirty days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed ninety days beyond the expiration date of the original notice.
(m) Noncompliance with Notice. Whenever the owner, agent, occupant or operator of a structure or premises fails, neglects or refuses to comply with any notice of the Property Maintenance Officer that becomes a final order, as provided in subsection (j) hereof, the Property Maintenance Officer may advise the Director of Law of the circumstances and request the Director to institute an appropriate action at law to compel compliance.
(n) Referral of Violation. Any violation of any ordinance other than this chapter, discovered by the Property Maintenance Officer or his representative shall be reported to the official or agency responsible for the enforcement of such ordinance.
(o) Where Notice and Hearing Not Required Prior to Court Proceedings. Notwithstanding the requirements of subsections (g) through (k) hereof, violations of subsection (e) hereof and Section 1361.14(d) may be prosecuted without notice by the filing of a complaint by the Property Maintenance Officer in the Municipal Court.
(p) Effect of Notice on Owner. For the purposes of enforcement of this chapter, the service of a notice on an owner, whether or not the owner is also the operator, shall constitute notice of violations set forth therein until such violations are abated in conformity with this chapter and the other applicable ordinances of the City.
(Ord. 703. Passed 2-11-85.)