(A) Whenever the Building Inspector determines that there is evidence indicating that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
(1) Be put in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Allow a reasonable time for the performance of any act it requires;
(4) Be served upon the owner or his agent, or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner, agent, or occupant, if a copy thereof is served upon him personally; if a copy thereof is sent by registered mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice;
(5) Contain specific remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
(B) Any person affected by an order issued by the Building Inspector pursuant to this chapter may, within 30 days after the posting and service of the order, petition the circuit court for an injunction restraining the Building Inspector from carrying out the provisions of the order, and the court may issue a temporary injunction restraining the Building Inspector pending the final disposition of the cause. Hearings shall be had by a court on such petition within 20 days, or as soon thereafter as possible. In all such proceedings the findings of the Building Inspector as to facts, if supported by evidence, shall be conclusive. Costs shall be in the discretion of the court. The remedies herein provided shall be exclusive remedies and no person affected by an order of the Building Inspector shall be entitled to recover any damages for action taken pursuant to any order of the Building Inspector, or because of noncompliance by such person with any order of the Building Inspector.
(C) After the court hearing, the Building Inspector shall sustain, modify, or withdraw the notice, depending upon the court's findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Building Inspector sustains or modifies the notice, it shall be deemed to be an order. Any notice served pursuant to division (A) above shall automatically become an order if a petition to the circuit court for a hearing is not filed as set forth in division (A) above.
(Ord. 535, passed 6-1-99)