(a) Duties of Building Commissioner; Appointment of Property Maintenance Officer. All inspections, regulations, enforcement and hearings on violations of the provisions of this Exterior Property Maintenance Code shall be under the direction and supervision of the Building Commissioner. The Mayor shall appoint a Property Maintenance Officer to perform such duties as may be necessary to the enforcement of this Code, including the making of inspections. The Building Commissioner may designate, subject to the approval of the Mayor, such other public officials or employees of the City, to perform such duties as may be necessary to assist the Property Maintenance Officer in the enforcement of this Code, including the making of inspections. (Ord. 87-46. Passed 4-4-88.)
(b) When Inspections Are To Be Made.
(1) Residential. All buildings and premises subject to this Code are subject to inspections from time to time by the enforcing officer of the City. At the time of such inspections, all exterior parts of the premises shall be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections. Such inspections shall be made during regular open hours of the business occupying the premises unless there is reason to believe a violation exists of a character which is an immediate threat to health or safety requiring inspection and abatement without delay.
(c) Conduct of Inspectors. Inspectors shall conduct themselves so as to avoid intentional embarrassment or inconvenience to occupants.
(d) Where Access by Inspectors is Refused.
(1) Penalty. Where the Property Maintenance Officer or his agent is refused access or is otherwise impeded or prevented by the owner, occupant or operator from conducting an inspection of the premises, such person shall be in violation of this Code and subject to the penalty in Section 1343.99
.
(2) Search Warrant or Access Warrant. In addition to the provisions of subsection (d)(1) hereof, the Property Maintenance Officer may, upon affidavit, apply to the Municipal Court for a search warrant setting the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this Code exists on the premises and, if the Court is satisfied as to the matter set forth in the affidavit, the Court may authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. Warrant for access may be issued by the Court upon affidavit of the Property Maintenance Officer establishing grounds therefor.
(e) Procedure Where Violation Discovered. Where a violation of this Code or the regulations hereunder is found to exist, a written notice from the Property Maintenance Officer shall be served on the person or persons responsible for the correction thereof.
(1) Service of notice. Notice may be served personally or by prepaid telegram or by mail with postage prepaid, addressed to the last known address of the person to be served. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the County Auditor. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The Property Maintenance Officer shall file and provide notice to any owner or operator of any violation at any address other than the last know address provided hereunder if such other address is filed with the Property Maintenance Officer personally or by certified mail addressed to the Property Maintenance Officer. Date of service of the notice shall be determined where service is by mail as of the day following the day of mailing for notices to addresses within the City, and as of the fourth day after the day of mailing for notices to addresses outside the City. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day. Notwithstanding any other provision herein contained, notice served upon the agent designated shall constitute service upon the owner, operator and lessor of the premises, jointly and severally. Where the owner, operator or lessor or the agent thereof cannot be found at the address given, the owner, operator or lessor affected thereby may be served by posting notice upon the premises in a conspicuous place near as possible to the front entrance thereof. (Ord. 70-11. Passed 3-16-70.)
(2) Notice to become an order unless hearing before the Board of Zoning and Building Appeals requested. Within twenty days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon before the Board of Zoning and Building Appeals and serves a written request within the twenty-day period in person or by mail on the Chairman of the Board. Such request for a hearing before the Board shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Chairman of the Board, upon receipt of the request, shall within thirty days therefrom and upon five days' notice to the party aggrieved, set the matter down for hearing. (Ord. 05-12. Passed 4-18-05.)
(3) Determination at hearing. At any hearing provided hereunder, the Chairman of the Board of Zoning and Building Appeals shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within ten days from the completion of the hearing. The Board shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdraw the notice.
(4) Extension of time. The Property Maintenance Officer may extend the time for correction or abatement of the violation for an additional period of time not to exceed thirty days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed ninety days beyond the expiration date of the original notice.
(5) Effect of noncompliance with notice. Whenever the owner, agent, occupant or operator of a structure or premises fails, neglects or refuses to comply with any notice of the Property Maintenance Officer that becomes a final order as provided in subsection (e)(2) hereof, the Property Maintenance Officer may advise the Director of Law of the circumstances and request the Director to institute an appropriate action at law to compel compliance.
(6) Referral of violations. Any violation of any ordinance other than this Code discovered by the Property Maintenance Officer or his representative shall be reported to the official or agency responsible for the enforcement of such ordinance.
(7) Where notice and hearing not required prior to court proceedings. Notwithstanding the requirements of subsection (e)(l) through (3) hereof, violations of the following section may be prosecuted without notice by the filing of a complaint by the Property Maintenance Officer in the Municipal Court pursuant to Section 1345.01
(d).
(8) Effect of notice on owner. For the purposes of enforcement of this Code, the service of a notice on an owner, whether or not the owner is also the operator, shall constitute notice of the violation set forth therein until such violation is abated in conformity with this Code and the other applicable City ordinances.
(Ord. 70-11. Passed 3-16-70.)