(a) When in the course of the inspection violations are discovered on the premises that do not affect the habitability or safety of a rental dwelling unit, such violations shall be cited in accordance with the administrative provisions of the applicable code or ordinance. Such violations shall not be construed as grounds to withhold or revoke the Certificate of Rental Use and Occupancy.
(b) Where conditions exist which affect the habitability of the dwelling, but do not pose an imminent hazard to the occupants, a Certificate of Rental Use and Occupancy may be issued along with a notice of violation. The notice of violation shall be in writing, must be served to the Owner or Agent containing a description of the property sufficient for identification and shall include:
(1) A statement of the deficient conditions for which the notice of violation it was issued;
(2) A reasonable time in which the violations are required to be eradicated; and
(3) A statement of the Owner's right of appeal.
The Owner shall, within the time period specified in the notice of violation, correct all deficiencies cited in violation of the State Building Code and City codes. The Certificate of Rental Use and Occupancy shall be revoked and a notice to vacate issued if the dwelling unit is not in compliance within the time specified in the notice of violation. However, the Code Official may, upon written request, extend the period for compliance where the work has been delayed despite good-faith efforts to comply and where such extension presents no immediate threat to the health and safety of the occupants of the dwelling unit or other units or properties.
(c) Where violations are found that, in the judgment of the Code Official, are sufficient to withhold or revoke the Certificate of Rental Use and Occupancy, the Code Official shall issue a notice to vacate. The notice to vacate shall:
(1) Be in writing;
(2) Be served to the owner or designated manager;
(3) Be conspicuously posted on the premises;
(4) Contain a description of the property sufficient for identification;
(5) State the reasons therefor;
(6) Include a copy of any relevant notice(s) of violation; and
(7) Include notification of the right of appeal.
(d) Nothing in this article shall be construed to prevent the Code Official from ordering the immediate vacation of any dwelling or dwelling unit where violations are discovered which pose an immediate threat to the health or safety of the occupants.
(e) Occupancy of any rental dwelling unit in violation of a notice to vacate shall subject the Owner and/or the occupants to the penalties prescribed in Section 136.13
.
(Passed 9-19-16.)