§ 22-234. Notice of violation procedures.  


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  • Whenever the Housing Official or Code Enforcement Investigator determines that a violation of this Ordinance exists, the following action shall be taken:

    1.

    The Housing Official or Code Enforcement Investigator shall provide written notice of any alleged violation to the owner, operator or other party responsible for the dwelling unit, building, structure or premises. Such written notice of violation shall include the following:

    a.

    A description of the location of the structure involved, either by street address or legal description;

    b.

    A statement of the facts supporting the violation and the reason why the notice of violation has been issued;

    c.

    A reference to the Section or Sections of this Ordinance and any applicable code or ordinance upon which the violation is based;

    d.

    If repairs or alterations will bring the structure into compliance with this Ordinance, a statement of the nature and extent of such repairs or alterations necessary to comply with this article;

    e.

    If repairs or alterations are necessary for compliance, a specified time within which such repairs or alterations are required to be made;

    f.

    If the violation is of such character that repairs or alterations cannot bring the structure into compliance, a statement to that effect and an order for vacating the premises with an explanation therefore and a time frame for vacating the premises;

    g.

    The name or names of persons upon whom the notice of violation is served as stated in subsection 2. of this Section;

    h.

    A statement advising that the failure to cure the violation within the time period stated will result in the Housing Official taking any and all action as may be permitted by law to abate the violation.

    2.

    The notice of violation may be either personally served upon the owner or served by certified mail, return receipt requested, at the address of the owner as listed in the tax collector's office for tax notices. If a notice of violation sent by certified mail is returned as unclaimed or refused, notice shall be posted in a conspicuous place of the premises at which violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the notice. Posting of the premises shall be considered adequate even if the notice is removed by the owner, operator, occupant or any other unauthorized or unidentified person prior to the 10 day time period having lapsed. If the owner does not occupy the premises, a copy of the notice of violation shall also be provided to the occupant of the premises.

    3.

    The Housing Official is authorized to condemn any building, dwelling, structure or accessory structure, which is in violation of this Code and is unsafe, unfit or unsanitary for human occupation and constitute a dangerous building structure. The Housing Official may placard the premises and order the premises be vacated or closed to occupancy when the premises are unsafe, unfit or unsanitary for human occupancy. The failure of any person to comply with such order within the time designated by said Housing Official shall be subject to the penalties of this Ordinance. Any unauthorized person removing, defacing or mutilating any such notice, order or placard as provided for in this Code shall be deemed to be in violation of this Code and shall be subject to penalties as provided in Section 24 of this Ordinance [Section 22-247 of this Article].

(Ord. No. 2010-02, § 10)