(a) Notices; Method of Service. Whenever a Code Official finds any structure or premises, or any part thereof, to be in violation of this chapter, the Code Official shall give or cause to be given, by regular mail or by in-person delivery, to the owner, operator or occupant of such structure or premises a written notice stating the violations therein. Such notice shall order the owner, operator or occupant, within a stated time, to repair, remove, improve, or vacate the structure or premises to which it relates. (Ord. 34-19. Passed 11-12-19.)
(1) If the owner, operator or occupant to whom a violation notice is addressed cannot be found within the City after a reasonable and diligent search, then such notice shall be posted in a conspicuous place on the structure or premises to which it relates. Such posting shall be deemed legal service of notice.
(Ord. 54-97. Passed 12-9-97.)
(Ord. 54-97. Passed 12-9-97.)
(b) Notice to Remove.
(1) A Code Official shall cause a written notice to remove to be served by regular mail or personal service upon the owner, operator or occupant of those premises in violation of Section 1490.13(e), (f), (g) and (h) and Section 1490.12(a) or any other section in Chapter 1490, if life or safety issues are present due to the violation(s). Such notice shall order the owner, operator or occupant to remove the articles in violation within the stated time as designated in the notice.
(2) If the owner, operator or occupant to whom a notice to remove is directed fails, neglects or refuses to comply with the requirements of the notice, the Code Official shall cause such articles and/or materials to be removed from the premises and may employ the necessary labor to perform such task.
(3) Upon the performance of such labor, the Code Official shall issue, by regular mail or by personal service, a report of the costs thereof to the owner, operator or occupant of such premises. The cost of removing the articles in violation, which includes a charge for the use of equipment, transportation, removal/hauling, operator's fee and/or other fees incurred by the City for the performance of labor shall be:
A. All direct costs for the removal of such items; plus,
B. An administrative fee.
(4) In the event that the owner, operator, or occupant fails to pay such expenses within thirty (30) days after being notified in writing, by regular mail, of the amount thereof by the Code Official, the expenses set forth in subsection (b)(3) hereof may be collected using one or more of the following methods, provided that the expenses may only be collected once:
A. Such expenses may be certified by City Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment; or,
B. The City Attorney is authorized to bring suit and take other necessary legal action to collect all such expenses.
(Ord. 46-08. Passed 6-10-08.)
(c) Notice to Vacate. A notice to vacate shall be issued in accordance with subsection (a) hereof whenever a structure or premises is found to be unsanitary, unsafe or otherwise unfit for human habitation. A structure shall be declared unfit for human habitation when it is found to be vermin or rat infested, lacking sanitary cooking, bathing or toilet facilities, lacking heat and/or water supplies, containing filth or an accumulation of garbage, rubbish or debris and/or any other condition that may be harmful or injurious to the owner, operator, occupant or public.
(1) Whenever the owner, operator or occupant of a structure fails, neglects, or refuses to comply with a notice to vacate, the Code Official may request the court to enforce the orders of such notice of vacation and cause the structure or a part thereof, to be vacated in accordance with the terms of such notice.
(2) Cases of emergency. Whenever the condition of a structure or premises, or a part thereof, constitutes an immediate hazard to human life or health, the Code Official shall declare a case of emergency and shall order immediate vacation of the structure or premises, or part thereof.
(3) Placards. Whenever the Code Official orders a structure or premises, or a part thereof, to be vacated, the Code Official shall cause to be posted at each entrance of the structure or premises, or part thereof, a placard ordering such vacation. No person shall deface or remove such placard until the repairs or demolition are completed, without the permission of the Code Official.
No person shall enter or use any structure or premises so placarded except for the purpose of making the required repairs or demolishing such structure or premises.
(Ord. 54-97. Passed 12-9-97.)
(Ord. 54-97. Passed 12-9-97.)
(d) Notice to Repair or Improve.
(1) A Code Official shall cause a written notice to repair or improve to be served by regular mail or personal service upon the owner, operator or occupant of those premises in violation of Section 1490.13 (a) through (d), to repair or improve the articles in violation within the stated time as designated in the notice.
(2) If the owner, operator or occupant to whom a notice to repair or improve is directed fails, neglects or refuses to comply with the requirements of the notice, the Code Official may cause the needed repair or improvement to be performed and may employ the necessary labor and/or purchase the necessary materials to perform such task.
(3) Upon the performance of such labor and/or the purchase of such materials, the Code Official shall issue, by regular mail or by personal service, a report of the costs thereof to the owner, operator or occupant of such premises. The cost of repairing or improving in order to remedy the violation, which may include a charge for the use of equipment, transportation, supplies, materials, removal/hauling, operator's fee and/or other fees incurred by the City for the performance thereof shall be:
A. All direct costs for the repair or improvement of such items; plus,
B. An administrative fee.
(4) In the event that the owner, operator, or occupant fails to pay such expenses within thirty (30) days after being notified in writing, by regular mail, of the amount thereof by the Code Official, the expenses set forth in subsection (d)(3) hereof may be collected using one or more of the following methods, provided that the expenses may only be collected once:
A. Such expenses may be certified by City Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment; or,
B. The City Attorney is authorized to bring suit and take other necessary legal action to collect all such expenses.
(Ord. 28-14. Passed 6-10-14.)