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1353.01 INSPECTIONS.
The Building Commissioner and/or his or her authorized representative is hereby authorized to make or cause to be made inspections of all dwellings, structures, premises and secondary or appurtenant structures to determine whether or not such structures or premises conform to this International Property and Residential Exterior Maintenance Code. Such inspections may also be made whenever the Building Commissioner has reasonable cause to believe that a violation of this Code exists therein or thereon.
(Ord. 2020-72. Passed 5-18-20.)
1353.02 RIGHT OF ENTRY.
Upon presentation of proper credentials, the Building Commissioner and/or his or her authorized representative may request entry to all property areas, at all reasonable times (or at such other times as may be necessary in an existing emergency), and into any dwelling structure or premises in the City, to perform any duty imposed upon him or her. If such entry is refused, then entry may be had only pursuant to a search warrant issued by a court of competent jurisdiction.
(Ord. 1984-118. Passed 1-7-85.)
1353.03 NOTICE OF VIOLATION.
(a) Whenever the Building Commissioner finds any dwelling structure or premises, or any part thereof, to be in violation of any of the provisions of this International Property and Residential Exterior Maintenance Code, he or she shall give or cause to be given or mailed to the owner, agent, tenant or occupant of such structure or premises a written notice stating the violation therein. Such notice shall order correction of the violation within a stated time. Delivery or mailing shall be deemed legal service of the notice.
(b) If the person to whom a notice of violation is addressed cannot be found within the County after a reasonable and diligent search, then notice shall be sent by registered or certified mail to the last known address of such person and a copy of such notice shall be posted in a conspicuous place on the structure or premises to which it relates. Such mailing and posting shall be deemed legal service of the notice. (Ord. 2020-72. Passed 5-18-20.)
1353.04 NONCOMPLIANCE WITH NOTICE; REMEDIES; CORRECTIONS REQUIRED PRIOR TO SALE, RENTAL OR LEASE.
(a) Whenever the owner, agent, tenant or occupant of a structure or premises fails, neglects or refuses to comply with any notice of the Building Commissioner, the Building Commissioner may either issue a notice to vacate within such time as is stated in such notice, but which shall not be less than fifteen days, except in cases of emergency, or he or she may advise the Director of Law of the circumstances and request the Director to institute an appropriate action at law to compel compliance, or both.
(b) Whenever the owner, agent or operator of a structure fails, neglects or refuses to comply with a notice to demolish any structure, or a part thereof, or a secondary or appurtenant structure, and when such structure is determined by the Building Commissioner to constitute a public nuisance in that it is dangerous or injurious to the public health, safety or welfare, or built without a permit and/or built in violation of any law, the Building Commissioner may request the Director of Law to institute legal proceedings or to take such other action as may be necessary to abate the nuisance or violation.
(c) The owner of any such property to which such an order or notice to repair, improve, remove, demolish or vacate has been issued shall not sell, rent or lease such property, or enter into an agreement to sell, rent or lease such property, unless all violations cited against such property have been corrected and unless written approval of such corrections has been received by the property owner from the Building Commissioner.
(Ord. 1984-118. Passed 1-7-85.)
1353.05 EMERGENCIES; ORDERS FOR IMMEDIATE REPAIR OR VACATION.
Whenever, in the opinion of the Building Commissioner, the condition of a structure or premises or part thereof constitutes an immediate hazard to human life or health, he or she shall declare a case of emergency and shall order the immediate repair or vacation, or both, of the structure or premises or part thereof. Such notice shall be served in the manner provided in Section 1353.03, but shall require immediate compliance.
(Ord. 1984-118. Passed 1-7-85.)
1353.06 PLACARDS.
Whenever the Building Commissioner orders a structure or premises or part thereof to be vacated, he or she shall cause to be posted at each entrance to such structure or premises or part thereof a placard ordering such vacation. No person, without written permission from the Building Commissioner, shall deface or remove such placard until the repair or demolition is completed. No person shall enter or use any structure or premises so placarded except for the purpose of making the required repairs, demolishing the structure or premises or removing personal property.
(Ord. 1984-118. Passed 1-7-85.)
1353.07 EXPENSES AND COSTS INCIDENT TO DEMOLITION.
Expenses and costs incurred by the City incident to demolition under this Residential Exterior Maintenance Code shall be paid by the owner of the structure or premises as permitted by law. (Ord. 1984-118. Passed 1-7-85.)
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