(a) Notice to Owner or to Person(s) Responsible. Whenever the code official determines that there has been a violation of this code or has reasonable grounds to believe that a violation has occurred, or whenever the code official has condemned any structure or equipment under the provisions of Section 1313.04, notice shall be given to the owner or person or persons responsible therefor in the manner prescribed below. If the code official has condemned the property or part thereof, the code official shall give notice to the owner and the occupants of the intent to placard and to vacate the property or to order equipment out of service.
(b) Form. Such notice prescribed in subsection (a) hereof shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the reason or reasons why it is being issued;
(4) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code; and
(5) Include an explanation of the owner’s right to seek modification or withdrawal of the notice by petition of the Housing Appeals Board.
(c) Service. Such service shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner personally; or by leaving the notice at the ususal place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; or by regular mail and if that is returned, then by certified or registered mail addressed to the owner at the last known address with return receipt requested; or if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place in or about the structure affected by such notice, and at least one publication of such notice in a local newspaper of general circulation at least once a week for three (3) consecutive weeks.
(d) Condemnation Service on Occupant. When a condemnation order is served on an occupant other than the owner or person responsible for such compliance, a reasonable time to vacate the property after noncompliance shall be stated. Occupants must vacate at the time set for correction of defects if there is failure of compliance.
(e) Appeals. Any person receiving written notice from Safety Service Director or his or her agent of the alleged deficiencies in his or her property under this Code, known as an “Order to Comply,” may, within fifteen days following the date of such notice, enter an appeal in writing to the Housing Appeals Board. Such appeal shall state the location of the property, the date of the notice of violations and the number of such notice. The appellant must state the variance or modification requested, the reasons therefor and the hardship or conditions upon which the appeal is made. The filing fee for an appeal shall be twenty-five dollars ($25.00).
(f) Penalties. Penalties for noncompliance with orders and notice shall be subject to the penalties set forth in Section 1313.09.
(g) Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(Ord. 49(98-99). Passed 7-12-99.)
(Ord. 49(98-99). Passed 7-12-99.)