Where a violation of the Codified Ordinances or the regulations hereunder is found, the Property Maintenance Officer shall at his/her option follow one of the two methods herein set forth for the correction of the violation.
(a) Criminal Procedure.
(1) Notice of Violation. A written notice shall be served upon the person responsible, which may include the owner, owner's agent, occupant or operator for the correction of the violation.
(2) Contents of Notice. The notice shall specify the violation or the violations committed, what shall 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 the provisions in subsection (4) hereof.
(3) Service of Notice. Notice may be served personally or by certified and regular mail, 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 Lake 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 and/or occupant 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 two days 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.
(4) Notice to Become Order Unless Hearing is 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 Board of Zoning Appeals, serving a written request within the ten day period, in person or by mail, on the Chairman of the Board of Zoning Appeals. Such request for a hearing before the Board of Zoning Appeals 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 of Zoning Appeals upon receipt of the request shall, within thirty days therefrom and upon five days notice to the party aggrieved, set the matter for hearing.
(5) Determination at Hearing. At any hearing provided hereunder, the Chairman of the Board of Zoning 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 other for the enforcement of any such subpoena, as provided by law. The Board shall make a decision no later than thirty (30) days after the hearing. The Board of Zoning Appeals, at its next meeting, shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.
(6) Extension of Time for Correction. 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.
(7) Noncompliance With Notice. Whenever the person responsible for 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 (4) hereof, the Property Maintenance Officer may advise the Director of Law of the circumstances, and request him to institute an appropriate legal action to compel compliance.
(8) Referral of Violations. Any violation of any ordinance other than this Code, discovered by the Property Maintenance Officer, or his/her designee, shall be reported to the official or agency responsible for the enforcement of such ordinance.
(b) Civil Procedure.
(1) Citation Violations. The Property Maintenance Officer, or his/her designee, pursuant to Section 1309.10
shall have the authority to issue an instant citation to the owner and/or occupant of the property on which the violation occurs for violations of codified ordinances of the City.
(2) Warning Citation. Upon observation of a violation not deemed to be egregious and if similar prior violations have not occurred on the property or the presence of multiple violations do not exist on the property, a warning citation shall be securely placed upon the front entrance to the building.
(3) Issuance of Citation. If an egregious condition exists or if the owner and/or occupant of the property fails to correct a violation within ten (10) calendar days following placement of a warning citation upon the property, a citation with a civil penalty in the amount of fifty dollars ($50.00) may be issued by the Property Maintenance Officer, or his/her designee, and shall be securely placed upon the front entrance of the building and mailed to the owner at the address as shown in the office of the Lake County Auditor. If not paid within thirty (30) calendar days from the date of the Citation, then the civil penalty shall be increased to one hundred dollars ($100.00).
(4) Content of Citation. All citations for violations shall be written on a pre-printed form approved by the Property Maintenance Officer, which shall include all information necessary to identify the nature of the violation, the address where it occurred, and the owner and/or occupant of the premises at the address.
(5) Payment of Citation. The owner and/or occupant shall appear at the City of Willoughby Building Department to pay the fine for such violation, in person, through a designated representative, or postmarked by mail, within thirty days (30) days after the issuance of such real property citation, Saturdays, Sundays, and holidays excepted.
(6) Collection of Fines. In the event the owner and/or occupant of the property does not reimburse the City for the civil penalty incurred in furtherance of this section within sixty (60) days from the date of the Citation, the Director of Finance shall certify such fines to the Auditor of Lake County with the request that such amount be entered upon the tax duplicate and become a lien upon such lands, from and after the date of the entry, and be collected as other taxes and returned to the City according to law.
(7) Appeal of Citation. The owner and/or occupant of a property aggrieved by any civil penalty imposed pursuant to this Section may appeal to the Board of Zoning Appeals by sending a detailed written explanation of the grounds for the appeal, along with payment in full of the civil penalty, to the Property Maintenance Officer within twenty-one (21) business days of the date of the citation. The Property Maintenance Officer will forward the payment to the Finance Department, which will credit such payment. The Board of Zoning Appeals shall issue a written decision affirming, notifying, reversing, revoking or vacating the civil penalty within forty-five (45) calendar days of receipt of the written explanation of the grounds for the appeal. In the event the civil penalty is reversed, revoked, vacated, or decreased in amount, the appellant shall be reimbursed for payment of the portion of the civil penalty vacated or decreased. Each Citation received must be appealed separately.
(8) Correction of Violation. In the event the violation is not corrected within thirty (30) days and there has been no appeal of the Citation or the appeal is made and resolved in favor of the City, the City reserves the right to institute the criminal proceedings pursuant to Section 1309.12
(a)(7).
(Ord. 2011-18. Passed 2-15-11.)
(c) In addition to the civil remedies provided in Section 1309.12(b), the Property Maintenance Officer shall have the authority to issue a citation to the owner or occupant of the property on which the violation occurs, stating the full nature and extent of the violation, the Codified Ordinance that has been violated, and informing the property owner or occupant that if the violations are not corrected within thirty (30) days of the date of violation, the City may at its option:
(1) Correct the violation using City personnel;
(2) Employ a private contractor to correct the violation;
(3) In the event the violation is corrected by City personnel or a private contractor, the property owner or responsible party shall pay the cost of correction.
All expenses or costs incurred in correcting the violation shall be paid by the City and an invoice for such expenses and costs, including administrative costs, shall be submitted to the property owner or responsible party for reimbursement.
(4) In the event that correction of the violation requires the removal of personal property from the premises, the removed items shall be sold at the best price obtainable and the proceeds will be credited against the cost of correction. Any funds in excess of the cost of correction shall be refunded to the land owner or responsible party.
(5) In addition to all other fees, a re-inspection fee of fifty dollars ($50.00) shall be charged if it is determined that the property maintenance violation has not been corrected within the stated time, or the required work is not in accordance with applicable ordinances or building codes.
(6) Collection of costs. If in the event the owner, lessee, agent or tenant of the property does not reimburse the City for the net expenses incurred in furtherance of this section within thirty (30) days from the date of the invoice, the Director of Finance shall certify such expenses and costs to the Auditor of Lake County with the request that such amount be entered upon the tax duplicate and become a lien upon such lands, from and after the date of the entry, and be collected as other taxes and returned to the City according to law. (Ord. 2013-125. Passed 11-12-13; Ord. 2018-18. Passed 2-6-18.)