§ 211-3. Notice of violation; hearing.  


Latest version.
  • A. 
    Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter, the Building Inspector shall give notice of such alleged violation to the person or persons responsible therefor and to any known agent of such person as hereinafter provided. Such notice shall:
    (1) 
    Be in writing.
    (2) 
    Contain a statement of the reasons why it is being issued, including the specific provision or provisions of this chapter which are alleged to have been violated.
    (3) 
    Inform the recipient that the violation must be corrected within 30 days of service of the notice, unless an extension of time is granted by the Building Inspector or Zoning Board of Appeals.
    (4) 
    Contain an outline of remedial action which, if taken, will constitute compliance with the provisions of this chapter.
    (5) 
    Be served upon the owner or his or her agent, as the case requires, provided that such notice shall be deemed to be properly served upon such owner or agent if a copy thereof is served upon him or her personally, or is posted in a conspicuous place in or about the dwelling affected by the notice, or if the owner or agent is served with such notice by any other method authorized or required under the laws of this state.
    B. 
    Any person affected by any such notice may request and shall be granted a hearing on the matter before the Zoning Board of Appeals, provided that such person shall file in the office of the Village Clerk, within 10 days after service of the notice, a written statement of the grounds therefor. Upon receipt of such petition, the Village Clerk shall arrange a time and place for such hearing and shall give the petitioner written notice thereof. Such hearing shall be held as soon as practicable after receipt of the request. At such hearing the petitioner shall be given an opportunity to be heard and to show cause why such notice should not be complied with.
    [Amended 3-8-2010 by Ord. No. 2-10]
    C. 
    After such hearing the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter have been complied with. If the Board shall sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to Subsection A shall automatically become an order if a written petition for a hearing is not filed in the office of the Village Clerk within 10 days after such notice is served.
    [Amended 3-8-2010 by Ord. No. 2-10]
    D. 
    The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Village Clerk, and a signed copy of the decision shall be provided to the petitioner. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state. Such request for relief shall be presented to the court within 30 days of the filing of the decision with the Village Clerk.
    [Amended 3-8-2010 by Ord. No. 2-10]