Any person affected by any notice of violation which has been issued in connection with the enforcement of any provision of this Maintenance Code, may request and shall be granted a hearing on the matter before the Board of Zoning Appeals, provided that such person shall file in the office of the Enforcement Officer a notice of appeal on forms provided by the Village within fifteen (15) days after the date of delivery of the Enforcement Officer's Notice of Violation.
(a) The Board of Zoning Appeals shall provide notice, hear, and decide appeals in the same manner as appeals taken from Zoning Code decisions. Appeals of notices and orders (other than emergency orders) shall stay the enforcement of the Enforcement Officer's notice and order until the appeal is heard by the Board. The failure of the petitioner or his representative to appear and state his case at such hearing shall have the same effect as if no petition were filed.
(b) Findings. Prior to ruling on any violation notice and compliance order, the Board of Zoning Appeals shall make the following findings:
(1) The violator was served with a Notice of Violation as provided for in Section 1359.03 which stated the specific nature of the violation; all corrective action needed to be taken to abate the violation; and a specific time period for abatement of the violation.
(2) Within the time period stipulated in the Notice of Violation, the violator failed or intends to fail to comply with the correction order by not abating the violation, and/or by not bringing the use into compliance with the Maintenance Code.
(3) Upon expiration of the date indicated for compliance in the Notice of Violation, the property was or will be maintained in violation of specific provisions of the correction order and/or conditions previously imposed by the Board of Zoning Appeals as a prerequisite to the modification of a previous compliance order.
(c) Court Review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the Village Administrator. (Ord. 10-2016. Passed 12-20-16.)