The following provisions shall govern all enforcement powers, responsibilities and procedures administered by the Property Maintenance Code Enforcement Officer(s).
(A) Notice of violation. Except as provided in division (B) below, if a Property Maintenance Code Enforcement Officer believes, based on the Officer's personal observation or investigation, that a person has violated the Property Maintenance Code, the Officer shall issue a notice of violation to the property owner, resident, tenant, occupant or other violator, allowing that person a specified and reasonable number of days to abate the violation. The violator may upon request, be allowed a reasonable extension of time to abate the violation without imposition of any charges, costs, penalties and fees, in the sole discretion of the Property Maintenance Code Enforcement Officer. If the violator fails to abate the violation within the time prescribed therein, a new and separate notice of violation may be issued for subsequent and separate violations of the Property Maintenance Code. In the event that the resident, tenant, occupant or other violator is issued a notice of violation, the property owner of record will receive a copy of the notice.
(B) Notice of violation procedure. Notices of violation issued by Code Enforcement Officer for violations of the code shall contain the following information:
(1) The address, location or description of the property found to be in violation of the code;
(2) The date and time of inspection;
(3) The name and address of the person to whom the notice is issued;
(4) The date the notice is issued;
(5) The facts constituting the offense;
(6) The section of the code violated;
(7) The name of the Property Maintenance Code Enforcement Officer;
(8) The fines, charges, costs, penalties and/or administrative fees, imposed for the violation if it is not abated in the manner required by the Property Maintenance Code Enforcement Officer;
(9) The maximum fine that may be imposed under this chapter for the violation in question;
(10) The procedure for the violator to follow in order to appeal the notice;
(11) A statement that if the violator fails to appeal the citation or time to abate within the time allowed, the violator shall be deemed to have waived his or her right to a hearing before the Code Enforcement Board to appeal the notice and the Code Enforcement Officer's determination that the violation occurred shall be final; and
(12) Notice that a lien may be filed against the property on which the violation occurred if it is not abated in the manner required by the Property Maintenance Code Enforcement Officer and that proceedings to enforce the lien may be initiated to collect fines, charges, costs, penalties and/or fees, including attorney and administrative fees.
(C) Type and delivery of notice. The notice of violation shall be in writing and shall be reasonably calculated to inform the violator of the nature of the violation. It may be hand-delivered to the property owner, resident, tenant, occupant or other violator or may be served or sent by first class mail addressed to the last known property owner of record as listed in the county property valuation office. If the notice cannot be delivered to the owner, resident, tenant, occupant or other violator in person or notice sent by first class mail is returned by the United States Postal Service because the notice is undeliverable, marked return to sender or the owner has left no forwarding address notice shall be given by placing it on the door of the most visible entrance to the property with dwellings or structures located thereon, or by posting a sign, at least eight and one-half inches by 11 inches in dimension in a conspicuous location on the property.
(D) Issuance of citation. If the property owner, resident, tenant, occupant or other violator fails or refuses to abate the violation within the time and manner required by the Code Enforcement Officer, the Officer is authorized to issue a citation. The citation shall represent a determination by the Code Enforcement Officer that a violation has been committed and that determination shall be final unless it is appealed by the alleged violator to the Property Maintenance Code Enforcement Board in the manner prescribed herein.
(E) Citation procedure. Citations issued by Code Enforcement Officer for violations of the code shall contain the following information:
(1) The address, location or description of the property found to be in violation of the code;
(2) The date and time of inspection;
(3) The name and address of the person to whom the citation is issued;
(4) The date the citation is issued;
(5) The facts constituting the offense;
(6) The section of the code violated;
(7) The name of the Property Maintenance Code Enforcement Officer;
(8) The fines, charges, costs, penalties and/or administrative fees, imposed for the violation if the citation is not appealed in the manner prescribed within this chapter;
(9) The maximum fine that may be imposed under this chapter for the violation in question;
(10) The procedure for the violator to follow in order to pay the fine or to appeal the citation;
(11) A statement that if the violator fails to pay the fine set forth in the citation or appeal the citation within the time allowed, the violator shall be deemed to have waived his or her right to a hearing before the Code Enforcement Board to appeal the citation and the Code Enforcement Officer's determination that the violation occurred shall be final; and
(12) Notice that a lien may be filed against the property on which the violation occurred and that proceedings to enforce the lien may be initiated to collect fines, charges, costs, penalties and/or fees, including attorney and administrative fees.
(F) Type and delivery of citation. The citation shall be in writing and shall be reasonably calculated to inform the violator of the nature of the violation. It shall be hand-delivered to the property owner, resident, tenant, occupant or other violator or may be served or sent by first class mail addressed to the last known property owner of record as listed in the county property valuation office. If the notice cannot be delivered to the owner in person or notice sent by first class mail is returned by the United States Postal Service because the notice is undeliverable, marked return to sender or the owner has left no forwarding address notice shall be given by placing it on the door of the most visible entrance to the property with dwellings or structures located thereon, or by posting a sign, at least eight and one-half inches by 11 inches in dimension in a conspicuous location on the property
(G) Abatement of nuisance. If the violator does not appeal the citation within the time prescribed, the Code Enforcement Officer issuing the citation shall enter a final order finding and determining that the violation was committed and no appeal was timely filed. The Code Enforcement Officer may thereafter cause the nuisance to be abated by any and all means reasonable and necessary. A copy of the final order shall be served on the property owner, resident, tenant, occupant or other violator found to be in violation of this code.
(H) Emergency abatement. Nothing in division (G) above shall prohibit the city from taking immediate action to abate any violation of this chapter without prior notice to the property owner, resident, tenant or other occupant when an Enforcement Officer, upon inspection of the property has reason to believe that, in the absence of immediate remedial action, a violation will, within reasonable probability, cause irreparable or irreversible harm and/or property damage. Immediately on the next business day after an emergency abatement by the Officer, the Officer shall immediately provide written notice to the Mayor of the emergency determination and the abatement action undertaken.
(I) Right of entry. Enforcement Officer(s), and their duly authorized agents, assistants, employees or contractors, after first having obtained the consent of the property owner, resident, tenant or other occupant may enter upon private or public property to conduct inspections. If the property owner, resident, tenant or other occupant does not give the Enforcement Officer(s) consent to enter upon and inspect the property, an on-site inspection of the property shall not occur until it is authorized by a court of competent jurisdiction.
(J) Liability. The Code Enforcement Officers, charged with the enforcement of this chapter, while acting within the course and scope of their duties under this chapter, shall not thereby be rendered liable personally and are hereby relieved from any and all personal liability for injury's and damage to persons or property. It is thus intended by this chapter that any suit instituted against any Code Enforcement Officer or employee because of a lawful act performed by that Officer or employee in the discharge of duties imposed under the provisions of this chapter be defended by the city's liability carrier until final adjudication of any proceedings.
(K) Discretionary modifications. The Enforcement Officer shall have the discretion to modify a notice of violation, only before the issuance of a citation, provided the Officer shall first find that special circumstances that makes strict compliance with this chapter impractical find the modification is in compliance with the intent and purpose of this chapter. A modified notice shall constitute a "new" notice and shall be deemed to replace the original (voided) notice. The details of actions granting modifications shall be recorded and entered in the Building and Codes Department files.
(Ord. 08-07, passed 8-4-2008)