(a) General Procedures: Whenever the Code Official or his designee determines that there has been a violation of any of the provisions of this Title, Commercial Property Maintenance Code of the Codified Ordinances of the City of Fairlawn, he shall give notice of the violation to the person responsible therefor and order compliance, as herein provided. The notice and order shall:
(1) Be put in writing on an appropriate form as the Code Official or his designee shall determine;
(2) Include a list of violations, refer to the sections and divisions violated and order remedial action which will effect compliance with the provisions of this Title;
(3) Specify a reasonable time within which to comply; and
(4) Be served on the responsible person personally, or by certified mail or commercial carrier service using delivery requiring signed receipt and regular mail to the person's residence, regular place of business or last known address. If the personal service fails or the certified mail, commercial carrier delivery, or regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address or the building affected.
(b) Whenever a person violates or fails to comply with any of the provisions of this Title, the Code Official or his designee shall have the authority to issue a stop work order and/or impose an administrative penalty. The Code Official or his designee shall consider the following criteria in assessing a stop work order and/or an administrative penalty:
(1) The extent to which the person has benefited by the violation of this chapter;
(2) The degree of harm to the public health, safety, welfare and aesthetics as a result of the violation of this Title;
(3) The recidivism of the person, including previous notices and orders to comply and previous enforcement action;
(4) Good faith efforts of the person to remedy the violation of this title; and
(5) The duration of the violation after a notice and order to comply was served pursuant to this section.
(c) The imposition of an administrative penalty shall be accomplished only after a notice and order is provided to the responsible person. Notice of a decision imposing an administrative penalty shall:
(1) Be put in writing on an appropriate form as the Code Official or his designee shall determine;
(2) State the basis for the administrative penalty, including the section of this Title that has been violated;
(3) Specify the date and manner by which the penalty must be paid; and
(4) Be served on the responsible person personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified and regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address, or the dwelling affected.
(d) The imposition of a stop work order shall be accomplished by posting the same at the location where the work was being performed. The stop work order shall:
(1) Be put in writing on an appropriate form as the Code Official or his designee shall determine;
(2) State the basis for the stop work order, including the section of this Title that has been violated;
(3) All work on the area affected by the violation shall cease.
(4) Specify the manner by which the stop work order may be lifted must be paid; and
(5) Be served on the responsible person personally, or by regular mail to the person's residence, regular place of business, last known address, or shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address or the dwelling affected.
(e) In addition to the administrative remedies and penalties provided in the chapter, the Code Official shall have the authority to cite the responsible person to the City of Fairlawn Mayor's Court. The Citation shall:
(1) Be in writing;
(2) State the section of this Title that has been violated;
(3) State the maximum fine that can be imposed is as provided in Section 1570.02.
(f) Right of Appeal. Any order to comply with the Commercial Property Maintenance Code issued by the Code Official or his designee may be appealed to the Real Property Maintenance Board by any persons adversely affected by such order. The appeal shall be in writing and filed within twenty days (20) after the order is served to the person adversely affected by the order.
(g) Appeals from Code Official or his designee's decision. The Real Property Maintenance Board shall have jurisdiction to hear all appeals pursuant to Section 1558.02. The decisions of the Board shall be made in strict conformance with the provisions of the Commercial Property Maintenance Code.
(Ord. 2008-051. Passed 6-16-08; Ord. 2016-033. Passed 4-18-16.)