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(a) When in the course of the inspection required under this article, violations are discovered on the premises which do not affect the habitability or safety of a rental dwelling, such violations shall be entered on the Application For Certificate Of Use And Occupancy form as contingency for approval, with a reasonable timeline for completion of remediation. Failure to meet the timeline for remediation of noted violations, will result in a Notice of Violation being issued to the owner of record for non-compliance in accordance with City of Clarksburg Property Maintenance Standards.
(b) Where conditions exist which affect the habitability of the dwelling but which do not pose an imminent hazard to the occupants, Certificate of Use and Occupancy shall be issued along with a notice of violation. The notice of violation shall be in writing, shall be served to the owner or agent, shall contain a description of the property sufficient for identification, and shall include:
(1) A statement of the reason(s) for which it was issued,
(2) A correction order specifying repairs to be made,
(3) A reasonable time in which repairs are to be completed, and
(4) 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 current adopted State Building Code and City of Clarksburg Property Maintenance Standards. The Certificate of 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 life or health safety of the occupants of the dwelling unit or other units or properties. A notice of violation shall not be construed to verify substandard housing except where conditions exist which require the vacating of the dwelling or dwelling unit.
(c) Where violations are found which, in the judgment of the Code Official, are sufficient to withhold or revoke the Certificate of 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 owner's agent,
(3) Contain a description of the property sufficient for identification,
(4) State the reasons therefor,
(5) Include a copy of any relevant Notice(s) of Violation, and
(6) Include notification of the owner's right of appeal.
(d) Nothing in this article shall be construed to prevent the Code Official from ordering the immediate vacating of any dwelling or dwelling unit where violations are discovered which pose an imminent threat to the health or safety of the occupants. Appeal shall not stay an order to vacate under such conditions.
(e) Occupancy of any rental dwelling unit in violation of a notice to vacate shall subject the owner/agent and/or the occupants to the penalties as prescribed in Section 1712.06. Notices and Citations shall be delivered by the Code Enforcement Office in accordance with the City of Clarksburg Property Maintenance Standards.
(Ord. 17-16. Passed 10-19-17.)