(a) When the Director of Administration or his designee determines that there has been a violation of this chapter or any rule or regulation adopted pursuant thereto, he shall serve a written notice of violation upon the person responsible therefor. Such notice shall:
(1) Include a statement of the facts which constitute a violation of the chapter;
(2) State the time within which a request for hearing may be filed;
(3) Allow a reasonable time for the performance of any act it requires.
(b) Such notice of violation shall be served upon the owner or his agent, or the occupant as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice. If service cannot be obtained by either personal service or by registered letter, then service by publication shall be allowed as proper service. Service by publication shall be published in a newspaper of general circulation for at least two consecutive weeks.
(c) Any person affected by a notice of violation issued under this chapter may, within ten days after the date on which the notice was issued, file with the Director of Administration or his designee a written request for a hearing. The request for hearing shall include a brief statement of the basis for disagreement with the notice of violation. Pursuant to such a request the Director of Administration or his designee shall set a date for a hearing within a reasonable time and shall notify the person in writing.
(d) At the hearing the petitioner shall be given an opportunity to be heard and to show cause why the notice of violation should be modified or withdrawn. After the hearing the Director of Administration or his designee shall sustain, modify or withdraw the notice, depending upon his finding as to whether this chapter has been complied with. If the Director of Administration or his designee sustains or modifies such notice, it shall be deemed to be an order.
(e) The proceedings at such hearing; including the findings and decisions of the Director of Administration or his designee, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Director of Administration or his designee.
(f) If no request for hearing is filed within ten days after the serving of a notice of violation then such notice shall automatically become an order to take the corrective action described.
(g) When the Director of Administration or his designee finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. The person to whom the order is directed shall comply immediately.
(Ord. 80-7447. Passed 6-18-80.)