(A)   Duties.
      (1)   The Director of Planning, which Department includes the Zoning and Code Inspection Division, shall oversee and assign the duties of administering and enforcing this Code to the Code Inspector.
      (2)   The Code Inspector will respond to resident complaints and/or apparent violations observed by the Code Inspector, under the direction of the Director of Planning. The Code Inspector may call upon any department, division or contractor of the city for any assistance necessary to abate a violation of this Code.
      (3)   The Law Director will assist with any and all legal action that may become necessary due to noncompliance with this Code. All requests for legal action to be taken must be forwarded to the Director of Law by the Code Inspector and/or the Director of Planning. No citation for violation shall be presented for prosecution without the approval of the Director of Law.
   (B)   Inspections. In response to resident complaints and/or apparent violations observed by the Code Inspector, the Code Inspector will attempt to contact the property owner for the purposes of scheduling a mutually agreeable time to inspect the property by correspondence through mail or by door hanger. The Code Inspector will also visit the site and view the exterior of the property from the road right-of-way, or other property where the Code Inspector has explicit permission to enter. For the purpose of making such inspections, and upon showing appropriate identification, the Code Inspector is authorized to enter upon, examine and survey during regular weekly business hours all commercial and industrial property in the city, but not residential property unless provided express permission to enter.
   (C)   Notice of violation. When the Code Inspector determines that there is a violation of the provisions of this Code, they may give notice of such violation to the owner and order compliance. Such notice and order shall:
      (1)   Be in writing;
      (2)   Include a description of the real estate sufficient for identification;
      (3)   Include a statement of the violation(s) and the reason for issuing the notice;
      (4)   Include a correction order allowing a clearly identified time for the repairs and improvements required to bring the property into compliance with the provisions of this Code;
      (5)   State the right of the violator to file an appeal of the notice within 21 days of receipt of the notice as required pursuant to division (D) of this section; and
      (6)   State that if no acknowledgment by the property owner is received upon the 21st day of delivery of the notification, and the violation is not corrected within the reasonable time stated in the violation, a citation to court may be issued unless there is good cause to extend the time to respond.
   (D)   Service. A notice of violation shall be deemed to be properly served if one or more of the following methods are used:
      (1)   By personal delivery to the owner or occupant of the premises or by leaving the notice at the premises with a person of suitable age and discretion;
      (2)   By certified mail deposited in the United States post office, or commercial carrier service utilizing any form of delivery requiring a signed receipt, addressed to the person or persons responsible at his, her or their last known address, with return receipt requested. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Code Inspector. Service shall be deemed complete when the fact of mailing is entered of record; provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or
      (3)   Upon proof of failure of service by division (D)(1) and (D)(2) of this section, by posting a copy of the notice form in a conspicuous place on the premises found in violation and publishing a legal notice in a newspaper of general circulation in the city. The legal notice shall identify the owners of the property, the last address, if known, of the owners, and parcel identification, the location and nature of the violation.
(Ord. 2022-06A, passed 11-8-2022)