(a) The certificate of housing inspection, as provided for in Section 1491.25, shall specify the violation committed, what must be done to correct the same, a period of ten days to correct or abate the violation, and the right of the person served to request a hearing. The notice shall become an order of the Property Maintenance Officer 5 days after service, unless a hearing is requested pursuant to division (c) of this section.
(b) Service of Notice. The issuance of a certificate of housing inspection shall serve as notice to the owner or operator of a violation of this Code. Issuance of a certificate of housing inspection shall be effectuated by personal service, by prepaid telegram or by mail, with postage prepaid, addressed to the last known address of the person to be served. Where it is ascertained that the owner or operator to whom the certificate of housing inspection is directed does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the County Auditor. If the last known address cannot be ascertained, the certificate of housing inspection may be posted on the outside front entrance of the building. The Property Maintenance Officer shall file and provide notice to any owner, operator or agent of any violation at any address other than the last known address as provided hereunder if such other address is filed with the Officer personally or by certified mail addressed to the Officer. The date of service of the notice shall be determined where service is by mail as of the day following the day of mailing for notices to addresses within the Village, and as of the fourth day after the day of mailing for notices to addresses outside the Village. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day. Notwithstanding any other provisions contained herein, where premises are subject to registration pursuant to Section 1491.22 and have been so registered, notice served upon the agent designated therein shall constitute service upon the owner, operator and lessor of the premises, jointly and severally. Where the owner, operator or lessor has failed to register the premises as required under Section 1491.22, or if the present premises have been registered and the agent designated therein cannot be found at the address given in the registration, the owner, operator or lessor affected thereby may be served by posting the certificate of housing inspection upon the premises in a conspicuous place as near as possible to the front entrance thereof.
(c) When Notice Becomes a Final Order; Request for Hearing. Within 5 days of the date of service of a certificate of housing inspection, the certificate shall constitute a final order, unless any person affected by the notice requests a hearing before the Board of Zoning Appeals and serves a written request within the 5-day period, in person or by mail, on the Chairperson of the Board. Such request for a hearing before the Board shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Chairperson of the Board, upon receipt of the request, shall, within ten days therefrom and upon 5 days notice to the party aggrieved, set the matter down for hearing.
(d) Determination at Hearing. At any hearing provided hereunder, the Chairperson of the Board shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoenas, to required by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him or her and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within ten days from the completion of the hearing. The Board shall issue an order either incorporating the determinations and directions contained in the certificate of housing inspection, modifying the same or withdrawing the certificate of housing inspection.
(e) Extension of Time. The Property Maintenance Officer may extend the time for correction or abatement of the violations for an additional period of time not to exceed ten days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 30 days beyond the expiration date of the original certificate of housing inspection.
(f) Noncompliance With Notice.
(1) Whenever the owner, agent, occupant or operator of a structure or premises fails, neglects or refuses to comply with any certificate of housing inspection of the Property Maintenance Officer that becomes a final order as provided in division (c) of this section, the Officer or such designated representative may issue a notice to such owner, agent, occupant or operator ordering the structure or premises, or part thereof, to be vacated, repaired or improved within such time as shall be stated in such notice, but which shall be not less than ten days, except in cases of emergency, or the Property Maintenance Officer may advise the Law Director of the circumstances and request the Law Director to institute an appropriate action at law to compel compliance. Such notice shall be provided in accordance with division (b) and (c) of this section.
(2) Whenever the owner, operator, occupant or agent of a structure or premises fails, neglects or refuses to comply with a notice to vacate issued by the Property Maintenance Officer, the Officer may enforce the orders of such notice of vacation and cause the structure or premises, or part thereof, to be vacated in accordance with the terms of such notice.
(3) Whenever the owner, operator, or agent of a structure fails, neglects or refuses to comply with a notice to demolish such structure, issued in accordance with the provisions of this Code, and when such a structure or part thereof is determined by the Property Maintenance Officer to constitute a public nuisance in that it is dangerous or injurious to the public health, safety or welfare, the Property Maintenance Officer may request the Law Director to institute legal proceedings or take other action as may be necessary to abate the nuisance. The Property Maintenance Officer shall further give notice informing the owner, operator or agent of such determination and action. Such notice shall be provided in accordance with division (b) and (c) of this section.
(4) Any owner of any such property as to which such an order or notice to repair, improve, demolish or vacate has been issued shall not sell or enter into an agreement to sell or lease such property for longer than one year unless such order of the Property Maintenance Officer has been disclosed and displayed to the prospective purchaser or lessee, or unless such owner has received notice from the Officer of satisfactory compliance with such order or notice from the Officer or other duly constituted authority that such order has been withdrawn or canceled.
(g) Referral of Violations. A violation of any ordinance other than this Code discovered by the Property Maintenance Officer or his or her representative shall be reported to the official or agency responsible for the enforcement of such ordinance.
(h) Where Notice and Hearing Not Required Prior to Court Proceedings. Notwithstanding the requirements of division (a) through (d) of this section, violations of the following sections may be prosecuted without notice by the filing of a complaint by the Property Maintenance Officer in the Parma Municipal Court: Sections 1490.16, 1490.17(d) and 1490.22.
(i) Effect of Notice on Owner. For the purposes of enforcement of this Code, the service of a certificate of housing inspection on an owner, whether or not the owner is also the operator, shall constitute notice of violations set forth therein until such violations are abated in conformity with this Code and other applicable ordinances of the Village.
(Ord. 122-01. Passed 12-19-01.)