§ 20-312. Notices.

(a)

Upon determining that an owner or manager permitted or allowed any public nuisance activity to occur in violation of section 20-311 above, the department shall serve or cause to be served upon such owner or manager a notice which specifically describes the alleged public nuisance permitted or allowed by such owner or manager and gives such owner or manager ten days from the date of such notice in which to take action reasonably calculated to comply with section 20-311. Such notice shall further contain a description of the appeal process as provided in subsection (b) below. All such notices shall be deemed to be properly served when deposited in the U.S. mail, first-class postage prepaid, addressed to such owner or manager at the address provided in the registration statement filed under the rental property regulations.

(b)

The owner or manager of the rental residential premises who has been served with notice pursuant to subsection (a) above shall have the right to make a written request within ten days of the date of the notice for an appeal on the question of whether such owner or manager permitted or allowed the public nuisance to occur or continue in violation of section 20-311. Such written request for an appeal shall be made to the administrative officer of the village and shall include the grounds for such appeal. An appeal shall be based upon a claim that the provisions of section 20-311 do not fully apply or that the requirements of section 20-311 have been adequately satisfied by other means. The hearing on the appeal shall be held by the administrative officer within ten business days following receipt of the written request and at least three business days' notice of the hearing on appeal shall be given to the owner or manager requesting the appeal. The owner or manager shall be given the opportunity to present evidence at the hearing and the formal rules of evidence shall not apply. Proof of whether an owner or manager permitted or allowed the alleged public nuisance to occur or continue shall be established by a preponderance of the evidence. At the hearing on appeal, the administrative officer may affirm or reverse the decision of the department.

(c)

Any violation of the provisions of this section shall be deemed final at the conclusion of the tenth day following the date of such notice as specified by this section in the event the owner or manager fails to make a written request for a hearing or upon the date of the decision of the administrative officer upon the hearing on appeal.

(Ord. No. 2569, § 1, 4-17-2018; Ord. No. 2591, § 1, 12-11-2018)