(a) Should the building official determine that a violation has occurred of any condition imposed by the board of adjustment upon a variance or special exception, the board of adjustment, upon receipt of an affidavit by the building official as to the nature and extent of the violation, shall provide the petitioner/owner with an opportunity for hearing to demonstrate that the alleged violation does not exist.

(b) Notice shall be given at least 15 days in advance of public hearing. The owner of the property, or his designee, if appointed by a power of attorney, the original or certified copy of same being on file with the city clerk, for which the special exception or variance was granted shall be notified by certified mail.

(c) A courtesy notice may be mailed to property owners of record within a radius of 500 feet, provided, however, that failure to mail or receive such courtesy notice shall not affect any action or proceedings taken pursuant to this section.

(d) Any party may appear in person or be represented by an attorney at the public hearing. After considering the evidence, including testimony from the building official and the owner, the board of adjustment shall determine whether any condition placed upon a special exception or variance has not been fulfilled. The board shall have the option to provide an opportunity to cure any violation found to exist, but is not obligated to do so. The board shall make written findings in support of its decision. The city shall have the authority to seek legal action in a court of competent jurisdiction to obtain compliance with any condition placed upon a special exception or variance, or seek revocation of the special exception or variance.