(a) Where a violation of any of the titles, chapters or provisions of Part Thirteen of the City of Eastlake Codified Ordinances is found to exist a written notice of violation and order from the Chief Building Official shall be served upon the owner, occupant, or agent of the subject property. Said notice shall specify the nature of the violation committed, what must be done to correct same, and specify a reasonable period of time to correct, remove and/or abate said violation.
(b) Service of notice of violation and order is perfected when accomplished in one of the following ways:
(1) Via regular U.S. mail addressed to the owner's, occupant's, or agent's last known address, residence, place of business or tax mailing address as indicated in the records of the Lake County Treasurer; or
(2) By personal delivery; or
(3) By leaving the notice of violation and order at the owner's, occupant's, or agent's last known residence or place of business in the presence of a family member or other responsible person of suitable age and discretion who shall be informed by the general nature of the contents thereof; or
(4) By posting the subject property with the violation notice in a conspicuous location visible to any owner, occupant or agent of said property; or
(5) Or by certified mail, return receipt requested.
If service is not accomplished by any of the above means, then a notification of the existence of the notice of violation and order may be published at least once in the local newspaper general circulation.
(c) A notice of violation and order issued pursuant to subsection (a) of this section, once served pursuant to subsection (b) hereof, shall be effective to place the property owner or occupant on notice of the continuing legal duty to prevent the re-occurrence of the violation, provided the notice of violation contains the following language:
"YOU ARE HEREBY PLACED ON NOTICE THAT YOU HAVE A CONTINUING LEGAL DUTY TO PREVENT THE RE-OCCURRENCE OF THIS "VIOLATION. IN THE EVENT THIS VIOLATION RE-OCCURS WITHIN TWELVE MONTHS OF THE DATE OF THIS NOTICE, NO FURTHER NOTICE WILL BE ISSUED TO YOU BY THE CITY AND THIS CITY MAY, AT ITS SOLE ELECTION, PROSECUTE A CRIMINAL ACTION AGAINST YOU IN THE WILLOUGHBY MUNICIPAL COURT AND TAKE IMMEDIATE ACTION TO CORRECT, REMOVED AND/OR ABATE THE VIOLATION AT YOUR COST."
If the violation reoccurs within a twelve (12) month period from the date of service of the notice of violation and order, and there has been no change in ownership or occupancy, as applicable, of the subject property, and the notice of violation and order contained the language set forth above, no new notice of violation and order need be issued prior to the City taking immediate action to prosecute a criminal action in the Willoughby Municipal Court and correct, remove and/or abate the violation at the expense of the appropriate party.
(Ord. 2015-018. Passed 3-10-15.)
(Ord. 2015-018. Passed 3-10-15.)