Peshtigo |
Code of Ordinances |
Chapter 10. BUILDINGS AND BUILDING REGULATIONS |
Article V. MINIMUM HOUSING CODE |
§ 10-202. Enforcement, service of notices and orders and hearings.
(a)
Violations of the provisions.
(1)
Whenever the Building Inspector/Zoning Administrator and/or Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor as hereinafter provided. Such notice shall:
a.
Be in writing.
b.
Include a statement of the reasons why it is being issued.
c.
Allow a reasonable time for the performance of any act it requires.
d.
Be served upon the owner or his agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant, if a copy thereof is served upon him personally; or 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 or dwelling unit affected by the notice; or if he is served with such notice by any other method authorized or required under the State laws.
(2)
The notice in Subsection (a)(1) of this section may contain an outline of remedial action that, if taken, will effect compliance with the provisions of this article and with rules and regulations adopted pursuant thereto.
(b)
Whenever there has been notice of a violation issued to the owner, the agent of any owner, or the occupant of property that is in violation of this article, no further notice shall be necessary for any reoccurrence of the violation prior to the commencement of any forfeiture action or prior to seeking an injunction in a court of record.
(c)
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article or of any rule or regulations adopted pursuant thereto may request and shall be granted a hearing on the matter before the Building Inspector/Zoning Administrator and/or Health Officer; provided that such person shall file, in the office of the Building Inspector/Zoning Administrator and/or Health Officer, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. Upon receipt of such petition, the Building Inspector/Zoning Administrator and/or Health Officer, shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced no later than ten days after the day on which the petition was filed. Upon application of the petitioner, the Building Inspector/Zoning Administrator and/or Health Officer may postpone the date of the hearing for a reasonable time beyond such ten day period, if, in his judgment, the petitioner has submitted a good and sufficient reason for such postponement.
(d)
Following such hearing, the Building Inspector/Zoning Administrator and/or Health Officer shall sustain, modify, or withdraw the notice, depending upon his findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with. If the Building Inspector/Zoning Administrator and/or Health Officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this article shall automatically become an order if a written petition for a hearing is not filed in the office of the Building Inspector/Zoning Administrator and/or Health Officer within ten days after such notice is served. Following a hearing in the case of any notice suspending any permit required for this article or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Building Inspector/Zoning Administrator and/or Health Officer, the permit shall be deemed to have been revoked. Any such permit that has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Building Inspector/Zoning Administrator and/or Health Officer within ten days after such notice is served.
(e)
The proceedings at such hearing, including the findings and decision of the Building Inspector/Zoning Administrator and/or Health Officer, shall be summarized, reduced to writing, and entered as a matter of public record. 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 Building Inspector/Zoning Administrator and/or Health Officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this State.
(f)
Whenever the Building Inspector/Zoning Administrator and/or Health Officer finds that an emergency exists which requires immediate action to protect the public health, safety, or welfare, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Building Inspector/Zoning Administrator and/or Health Officer shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with, the Building Inspector/Zoning Administrator and/or Health Officer shall continue such order in effect, or modify it, or revoke it.
(Code 1991, § 15-4-10; Ord. No. 94-03, § I(15-4-10), 9-6-1994)