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23.2.3 Final Notice of Violation; Correction Order: <br />The Zoning Officer's final written notice of violation (which may be the initial <br />notice) shall also order correction of the violation, specify a reasonable time <br />period in which the violation must be corrected, state the remedies and <br />penalties authorized in Article 23.3 the Zoning Officer may pursue if the <br />violation is not corrected within the specified time limit, and state that the <br />correction order may be appealed to the Board of Adjustment if the correction <br />order is the initial notice. The final written notice of violation shall be served <br />upon the responsible person(s), either in person, posting the notice at the <br />property in violation, or by certified or registered mail, return receipt <br />requested. When service is made by certified mail, a copy of the notice may <br />also be sent by regular mail. Service shall be deemed sufficient if the notice <br />by certified mail is unclaimed or refused, but the notice by regular mail is not <br />returned by the post office within ten (10) days after mailing, provided that a <br />final notice of violation is posted in a conspicuous place on the premises <br />affected. <br />A notice of a new violation is not required where a notice of a violation of the <br />same kind has been issued to the same violator at the same property within <br />the previous two (2) years. In such cases, the violator may be charged with a <br />continuing violation without further notice, as provided in Section 23.4.5 <br />below. A notice is also not required where action is taken under Sections <br />23.3.1 a), b) or f). <br />23.2.4 Appeal to Board of Adjustment: <br />Any person aggrieved by the Zoning Officer's determination of a violation or a <br />correction order may appeal that determination or order to the Board of <br />Adjustment in accord with the provisions of Article 2.3 of this Ordinance, <br />including payment of the appropriate fee. Except as provided in Article 2.3, <br />an appeal generally stays all further actions to enforce a notice of violation, <br />correction order, or Stop Work Order, until the Board of Adjustment has made <br />a decision concerning the appeal. Civil Penalty Citations that follow the initial <br />notice of violation may not be appealed to the Board of Adjustment. The <br />Board shall hear the appeal and may affirm, modify, or revoke the Zoning <br />Officer's determination of a violation. If there is no appeal, the Zoning <br />Officer's determination of the nature and degree of the violation are final. <br />23.2.5 Failure to Comply with Notice or Board of Adjustment Decision: <br />If the violator does not comply with a notice of violation, correction order, or <br />Stop Work Order, which has not been appealed, or with a final decision of the <br />Board of Adjustment, the violator shall be subject to enforcement action as <br />prescribed by State law or by this Ordinance. <br />23 -3 <br />