3.1
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Whenever the Health Officer determines that there are reasonable grounds
to believe that there has been a violation of any provision of this ordinance
which affects the health of the occupants of any dwelling, dwelling unit or
rooming unit or the health of the general public or whenever the Zoning Administrator
determines that there are reasonable grounds to believe that there has been
a violation of any such provision which affects the safety of any such occupants
or the safety of the general public, the Health Officer or the Zoning Administrator,
as the case may be, 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:
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a.
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Be put in writing;
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b.
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Include a statement of the reasons why it is being issued;
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c.
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Allow a reasonable time for the performance of any act it requires;
and
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d.
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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 affected by the notice, or if he is served with such
notice by any other method authorized or required under the laws of this state.
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e.
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Such notice must contain an outline of remedial action which, if taken,
will effect compliance with the provision of this ordinance.
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3.2
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Any person affected by any such notice issued by the Health Officer
or the Zoning Administrator may request and shall be granted a hearing on
the matter before the Zoning Board of Appeals of the Village of Westfield,
provided that such person shall file in the office of the Health Officer or
Zoning Administrator, as the case may be, within 10 days after service of
the notice, a written petition requesting such hearing and setting forth a
brief statement of the grounds therefor. Upon receipt of such petition, the
Health Officer or the Zoning Administrator, respectively, 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 the receipt
of request therefor. At such hearing the petition shall be given an opportunity
to be heard and to show cause why such notice should not be complied with.
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3.3
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After such hearing the Board shall sustain, modify or withdraw the notice,
depending upon its findings as to whether the provisions of this ordinance
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 Section 3.1
of this ordinance shall automatically become an order if a written petition
for a hearing is not filed in the office of the Health Officer or the Zoning
Administrator within 10 days after such notice is served. After a hearing,
in the case of any notice suspending any permit required by this ordinance,
when such notice has been sustained by the Board, the permit shall be deemed
to have been revoked. Any such permit which 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 Health Officer or Zoning Administrator within 10
days after such notice is served.
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3.4
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The proceedings at such hearing, including the findings and decision
of the Board, shall be summarized, reducing to writing and entered as a matter
of public record in the offices of the Board. 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.
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3.5
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Whenever the Health Officer finds that an emergency exists which requires
immediate action to protect the public health, 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 ordinance, such order shall be effective immediately,
but upon petition to the Health Officer a hearing shall be afforded as soon
as possible, in the manner provided in Section 3.2 herein. After such hearing,
depending upon the findings as to whether the provisions of this ordinance
have been complied with, the Board shall continue such order in effect or
modify it or revoke it.
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