(a) Whenever the Director of Building and Housing shall find any dwelling structure or premises, or any part thereof, to be in violation of the provisions of this Housing Code, he or she shall provide to the owner or agent or person in charge of such structure or premises, and the mortgagee of record, a written notice stating the violations therein. Such notice shall order the owner within a stated reasonable time to repair, improve, demolish or effectively board the structure or premises concerned.
(b) A notice of violation under Section 367.04(a) shall be served by one (1) or more of the following methods:
(1) Personal service. The City department issuing the notice may use any method that causes the Notice of Violations to be actually delivered to the responsible party. Actual delivery shall constitute legal service of the Notice of Violations;
(2) Residence service at the owner’s address by leaving a copy of the notice of violation with a person of suitable age and discretion then residing therein;
(3) Certified mail to an address where it is reasonably calculated under the circumstances to reach the owner. When determining such an address, the City shall examine:
A. Information the responsible party provided to the City, such as rental registration information or the address used on an appeal or an application; or
B. Information that a City representative, such as an inspector, has discovered during the performance of their duties; or
C. Information from common and readily available sources such as printed or online directories, credit bureaus, county property records, board of election records, motor vehicle records, court records or other state, county, municipal or federal records.
The City is not required to use all of the sources described in division (b)(3) and is not required to use any one of them; the City must use whatever combination of them is reasonably expected to be successful. The address found can be the property or premises which is the subject of the violation.
(4) Regular mail and posting as follows:
A. Regular mail to the owner at an address found under division (b)(3) above, which may be the address of the property that is the subject of the violation; and
B. Regular mail service to the property address that is the subject of the violation notice if the address is different from the address in division (b)(4)A.; and
C. Posting of the notice of violation in a conspicuous location on the building, premises or real estate or appurtenance thereto that is the subject of the violation notice.
(5) Service by publication electronically or once in a newspaper of general circulation in the City.
(c) Any owner, agent or person in charge of such dwelling structure, mortgagee of record, lessee of record and lien holders of record who have received a notice of violation as provided for in division (a) of this section, or who receive a notice of the City’s intention to demolish or effectively board as provided for in division (c) of Section 367.05, shall inform prospective purchasers, vendees, grantees, assignees, sublessees or land contractees thereof of any such notice of violation or notice of the City’s intention to demolish or effectively board. No owner or agent or person in charge of such dwelling structure, mortgagee of record, lessee of record or lien holders of record shall transfer to a vendee, grantee, assignee, sublessee or land contractee or any other transferee any interest in such dwelling structure after receiving a notice of violation, or notice of the City’s intention to demolish or effectively board without first providing the transferee with a copy of such notice.
(d) Any buyer or grantee, by land contract or otherwise, of a dwelling building or structure, with the exception of those properties required to be registered under Chapter 3106, shall begin at the date of transfer to comply with any notice obtained or to be obtained pursuant to Section 367.12, and within ten (10) days of the date of transfer, shall notify the Director, in writing, of the actions that will be taken to comply. The Director may then establish a reasonable time to comply. If the grantee fails to provide a written plan, or to comply with the notice, within ten days, the grantee shall be in violation of Section 3103.25(e). If the Director considers the written plan to be acceptable, he or she shall notify the grantee and the grantee shall be bound by the written plan as an extension of time under the notice and shall be in violation of Section 3103.25(e) if the violations are not corrected by the time set forth in the written plan. If the Director considers the written plan to be unacceptable, he or she shall issue to the grantee a notice with dates for compliance.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)