(a) Whenever the BCO-CEO determines that any rental dwelling, multiple dwelling unit or rooming unit, or the premises surrounding the same, fails to meet the requirements set forth in this chapter or in applicable rules and regulations issued pursuant hereto, he or she shall issue a notice setting forth the alleged failures and advising the owner, occupant, operator or agent that such failures must be corrected. This notice shall:
(1) Be in writing;
(2) Set forth the alleged violations of this chapter or of applicable rules and regulations issued pursuant hereto;
(3) Describe the dwelling, dwelling unit or rooming unit where the violations are alleged to exist or to have been committed;
(4) Provide a reasonable time, not to exceed 60 days, for the correction of any violation alleged;
(5) Be served upon the owner, occupant, operator or agent of the dwelling, dwelling unit or rooming unit personally or by registered mail, return receipt requested, addressed to the last known place of residence of the owner, occupant, operator or agent. If one or more persons to whom such notice is addressed cannot be found after diligent efforts to do so, service may be made upon such person or persons by posting a notice in or about the dwelling, dwelling unit or rooming unit described in the notice, or by causing such notice to be published in a newspaper of general circulation for a period of three consecutive days.
(6) Be served upon a resident agent for the receipt of such service of notice designated pursuant to § 1461.02(h).
(b) At the end of the period of time allowed for the correction of any alleged violation, the BCO- CEO shall reinspect the rental dwelling, multiple dwelling unit or rooming unit described in the notice.
(c) If, upon reinspection, the alleged violations are determined by the BCO-CEO not to have been corrected, he or she shall issue a second notice of violation which shall constitute an order requiring that the then existing failures meet the requirements of this chapter, or of applicable existing rules or regulations issued pursuant hereto, and shall be corrected within a reasonable time allowed, if the person served with such notice does not request a reconsideration or petition for a hearing on the matter in the manner hereinafter provided.
(d) The BCO-CEO shall cause a copy of the second notice to be posted in a conspicuous place in or about the dwelling, dwelling unit or rooming unit where the violations are alleged to exist, and shall serve it in the manner provided in subsections (a) through (c) above.
(e) The BCO-CEO, after the expiration of time granted the person served with such second notice to seek reconsideration or a hearing in the manner hereinafter provided by this chapter, or after a final decision adverse to such person served has been rendered by the New Construction Committee or by a court of competent jurisdiction to which an appeal has been taken, shall cause the second notice to be recorded in the office of the County Recorder of Deeds.
(f) All subsequent transferees of the dwelling, dwelling unit or rooming unit in connection with which a second notice has been so recorded shall be deemed to have notice of the continuing existence of the violations alleged, and shall be liable to all penalties and procedures provided by this chapter and by applicable rules and regulations issued pursuant hereto to the same degree as was the transferor.
(Ord. 616, passed 5-20-1987; Ord. 936, passed 7-15-2015)