Skip to code content (skip section selection)
(A) Whenever the Housing Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this subchapter or of any rule or regulation adopted pursuant thereto, he or she shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
(1) Be put in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Allow a reasonable time for the performance of any act it requires;
(4) Be served upon the owner or his or her agent, or the occupant, as the case may require; provided, that 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 or her personally; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he or she is served with such notice by any other method authorized or required under the laws of this state; and
(5) Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this subchapter and with rules and regulations adopted pursuant thereto.
(B) Any persons affected by any notice which has been issued in connection with the enforcement of any provision of this subchapter, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Housing Committee; provided that such a person file in the office of the Housing Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. Upon receipt of such petition, the Housing Officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed; provided, that upon application of the petitioner, the Housing Officer may postpone the date of the hearing for a reasonable time beyond such a ten-day period, if in his or her judgment the petitioner has submitted a good and sufficient reason for such postponement.
(C) After such hearing, the Housing Officer shall sustain, modify or withdraw the notice, depending on the findings as to whether the provisions of this subchapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Housing Officer sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to division (A) above shall automatically become an order if a written petition for a hearing is not filed in the office of the Housing Officer within ten days after such notice is served. After a hearing in the case of any notice suspending any permit required, by this subchapter or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Housing Officer, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for a hearing is not filed in the office of the Housing Officer within ten days after such notice is served.
(D) The proceedings at such hearings, including the findings and decisions of the Housing Committee, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Housing Officer. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Housing Officer may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
(E) Whenever the Housing Officer finds that an emergency exists which requires immediate action to protect the public health, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this subchapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the Housing Officer shall be afforded a hearing as soon as possible. After such hearing, depending upon the finding as to whether the provisions of this subchapter and of the rules and regulations adopted pursuant thereto have been complied with, the Housing Officer shall continue such order in effect, modify it or revoke it.
(Ord. 1060, passed 5-16-1966; Ord. 1066, passed 9-19-1966; Ord. 1273, passed 5-4-1981)