(A) Enforcement. This Zoning Code shall be enforced by the City Manager, and the Zoning Enforcement Officer as may be designated by the City Manager.
(B) Revocation of Certification of Zoning. Any certification of zoning issued upon a false and substantive statement shall be void. Whenever the fact of the false statement shall be established to the satisfaction of the City Manager, the certification shall be revoked by notice in writing to be delivered to the holder of the void certification on the premises concerned, or in some conspicuous place on the premises. Any person who shall proceed thereafter with the work or use without having obtained new certification of zoning, in accordance with this Zoning Code, shall be deemed guilty of violation thereof.
(C) Violation. In case any building is, or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used, or any land is, or is proposed to be used in violation of this Zoning Code, the City Council, the Law Director, and Zoning Enforcement Officer, or any neighboring property owner who would be damaged by the violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove the unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.
HISTORY: (Formerly § 154.14 (Ord. 2306, passed 2-23-82; Am. Ord. 2962, passed 11-22-94))
(D) Notice of Zoning Violation.
(1) Whenever the Zoning Enforcement Officer, inspector or designate thereof determines that there is a violation of the Zoning Code, a notice of violation shall be issued. Such notice shall:
(a) Be in writing;
(b) Identify the violation;
(c) Include a statement of the reason or reasons why it is being issued and refer to the sections of this Zoning Code being violated; and
(d) State the time by which the violation shall be corrected.
(2) Service of notice of violation shall be as follows:
(a) Method of service. Such legal notice shall be deemed to be properly served if a copy thereof is (a) delivered to the owner, occupant or agent in person (b) sent by certified or registered mail addressed to the owner at the last known mailing address with return receipt requested or (c) posted in a conspicuous place in or about the premises affected.
(b) If the registered or certified mail envelope is returned with an endorsement showing that the service was unclaimed, the notice may be served by ordinary mail to the owner's last known mailing address. This mailing shall be evidenced by a certificate of mailing, and service shall be deemed complete on that date of mailing.
(c) When service is perfected by posting notice on or about the premises affected, such posting shall be evidenced by a photograph and a notarized certificate of service. Such notice, photograph, and certificate of service shall be sent by ordinary mail to the last known mailing address as evidenced by a certificate of mailing and service shall be deemed completed on that date.
(d) If service of written notice is unable to be perfected by any of the hereinbefore methods, the City Manager or his/her designee shall cause the notice to be published in a newspaper of general circulation in the city, once each week for two consecutive weeks, and service shall be deemed completed on the second date of publication.
(E) Entry and Inspection of Property.
(1) Authorization. An inspector designated by the City Manager is authorized to make inspections of property and structures located within the City of West Carrollton in order to safeguard the public health, safety and welfare, and may enter, examine and survey at any reasonable hour such properties for the purpose of enforcing the provisions of this Zoning Code.
(2) Permission. Prior to seeking entry to a property or structure for the purposes of making inspections necessary to enforce the provisions of this Zoning Code, the inspector or designate thereof shall attempt to obtain the owner's or occupant's permission to inspect. If such permission is denied or is unable to be obtained, the enforcement officer shall request assistance from the Law Director in securing a valid search warrant prior to inspection. For exterior property violations clearly visible from the public right of way, or for properties previously declared a public nuisance and/or determined by a code official to be a public nuisance, permission need not be obtained.
(3) Liability. No officer, agent or employee of the City of West Carrollton shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of duties under this Zoning Code. (Ord. 3452, passed 7- 13-10.)