CHAPTER 1479

Administration

1479.01 Board of Appeals

1479.02 Enforcement of the Ordinance

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1479.01 BOARD OF APPEALS

(a) A board of Zoning Appeals is hereby created. Such board shall consist of five members. Members of the Board shall consist of the Mayor, one member of Council for the remainder of his or her term as such member of Council, and three Citizens of the Village to be appointed by the Mayor for terms of six years each, except that the term of one of the members of the first commission shall be for four years and one for two years. All of whom may be removed from their duty, for misconduct in office, or other cause, by the Council, after written charges have been filed with the Council, and after a public hearing has been held regarding such charges. A copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally, or by registered mail, or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by the Mayor and shall be for the unexpired term.

All such members shall serve without compensation.

(b) The board shall organize, and adopt rules in accordance with the provisions of this Ordinance. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board or Zoning Officer may determine. The Chairman, or in his absence the acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public and all business shall be transacted at such meetings. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the Zoning Officer and shall become a public record.

(c) Appeals to the Board may be taken by any person aggrieved. Such appeal shall be taken within ten days after the decision by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The Zoning Officer, whom the appeal is taken shall forthwith to all the Board members, all the papers constituting the record upon which the action appealed from was taken. The Zoning Officer shall fix a reasonable time for the hearing of the appeal, give atleast three days notice to all parties in interest. Upon the hearing, any party may appear in person or by attorney.

(d) Atleast two newspapers will be notified off all such meetings of the Zoning Board of Appeals.

(e) After an appeal has been heard by the Board, a verbal notification to all

parties of concern, will be given within twenty four hours. Followed with a written notification as soon as possible. All necessary information will be contained within the notification. No person shall act upon a variance granted until they have it within written form.

1479.02 ZONING OFFICER

(1) Duties

(a) It shall be the duty of the Zoning Officer to enforce this ordinance. The Zoning Officer shall receive applications required by this ordinance, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued, and shall make necessary inspections to see that the provisions of law are complied with. He shall enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structure except as may be otherwise provided for. He shall, when requested by the Mayor or Council, or when the interests of the municipality so require, make investigations in connection with matters referred to in this ordinance and render written reports on the same. For the purpose of enforcing compliance with law, he shall issue such notices or orders as may be necessary.

(b) The Zoning Officer shall review all building permit applications for new construction or substantial improvements to determine whether proposed building site will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must:

(1) Be designed or modified and anchored to prevent flotation, collapse, or lateral

movement of the structure.

(2) Use construction materials and utility equipment that are resistant to flood

damage.

(3) Use construction methods and practices that will minimize flood damage.

(1) All proposals are consistent with the need to minimize flood damage.

(2) All public utilities, such as sewer, gas, electrical, and water systems are located

elevated, and constructed to minimize or eliminate flood damage.

(3) Adequate drainage is provided so as to reduce exposure to flood hazards.

(d) The Zoning Officer shall require new or replacement water supply systems and/or sanitary sewage systems to be designed t minimize or eliminate infiltration of flood waters into the system and discharges from the systems into flood waters, and require on site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

(e) All Inspections shall be made by the Zoning Officer or a duly appointed assistant.

(f) For carrying into effect its provisions, the Zoning Officer may adopt rules consistent with this Ordinance.

(g) The Zoning Officer shall keep careful and comprehensive records of application, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued. He shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the Zoning Officer.

(h) The Zoning Officer may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Engineer in fixing grade, of the Chief of Police in enforcing orders, of the Solicitor in prosecuting violations, and of other officials.