(A) Whenever the Property Maintenance Inspector determines that there has been a violation of any of the provisions of this chapter, notice/order of the violation shall be given to the person responsible to order compliance pursuant to the ICC International Property Maintenance Code and/or the city’s Development Code.
(B) Whenever a person violates or fails to comply with any of the provisions of this chapter, the Property Maintenance Inspector shall have the authority to impose an administrative or criminal penalty. The Property Maintenance Inspector shall consider the following criteria in assessing an administrative penalty:
(1) The extent to which the person has benefitted by the violation of this chapter;
(2) The degree of harm to the public health, safety, welfare and aesthetics as a result of the violation of this chapter;
(3) The recidivism of the person, including previous notices and orders to comply and previous enforcement action;
(4) Good faith efforts of the person to remedy the violation of this chapter; and
(5) The duration of the violation after a notice and order to comply was served pursuant to this section or § 110.0 of the ICC International Property Maintenance Code.
(C) Upon request of the owner of the property to the Building Department, during the process of an eviction, the owner may request a certified letter from the Building Department verifying the violation of a health, safety or the ICC International Property Maintenance Code applicable to the statutory requirements of a legal eviction.
(D) The imposition of an administrative fine shall be accomplished only after a notice/order is provided to the occupant, operator or owner. Notice of a decision imposing an administrative fine shall comply with the notice of violation as provided herein.
(Prior Code, § 1495.06) (Ord. 65-2009, passed 6-8-2009)