(a) Inspection. Whenever a complaint is made that a public Nuisance exists or has existed within the City, Code Enforcement shall inspect or cause to be inspected the Premises and shall make a written report of its findings. Whenever practicable, Code Enforcement shall include photographs in its report.
(b) Notice to Owner or to Person or Persons responsible. Whenever the Code Enforcement Official determines that a Nuisance exists, a notice of violation and demand for abatement shall be given to the Owner or the Person or Persons responsible for the property, including, but not limited to, any Tenant. The City will take enforcement action only with the Owner or Responsible Party at the time the violation is identified.
(c) Notice of correction order. Such notice prescribed in subsection (b) of this section shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the violation or violations and section(s) of the Municipal Code violated and why the notice is being issued;
(4) Include a correction order allowing a reasonable amount of time, of at least ten (10) days (excepting cases of emergency or safety concerns, or violation of Section 6-271(a)), from the time when the notice is served, to abate the nuisance. In cases of violation of Section 6-271(a) the reasonable amount of time allowed to abate the nuisance shall be seven (7) days; and
(5) Include a notice containing the right to appeal the Code Enforcement Official's determination to the Board of Public Works and Safety
(d) Emergency or Safety Concerns. When a Code Enforcement Official finds that a condition existing on a property qualifies as an Emergency or Safety Concern as defined in Section 6-270(b)(3) above, the Code Enforcement shall include on the Notice of Correction Order a statement indicating such a finding and allowing a period of time of not less than twenty-four (24) hours to abate the Nuisance.
(e) Duplicate Notice to Property Maintenance Company. When a Code Enforcement Official has reason to believe that there is a property maintenance or servicing company monitoring a given property on behalf of the Owner, a bank holding mortgage rights to the property, or a corporate Operator, the Code Enforcement Official may provide duplicate Notice to said property maintenance or servicing company. Provision of additional Notice under this subsection shall not eliminate any Notice requirement for the Owner or Responsible Party of the property and shall not render the property maintenance or servicing company liable for failure to abate unless otherwise provided in this Code.
(f) Method of service. Notice shall be deemed to be properly served if a copy is sent by certain return receipt mail, hand delivered by an employee of the City, or leaving a copy of the notice at the location of the property in a conspicuous location and mailing a copy of the notice by first class mail to the last known address of the Person to whom notice must be given. (Ord. 13-62, § 1, 10-28-13)
(g) Continuous Abatement Notice for Tall Grass, Weeds and Rank Vegetation. If an initial notice of violation of Section 6-271(a) was provided in accordance with this Chapter, a continuous abatement notice may be posted at the property at the time of abatement instead of by equivalent service as required by subsection (d). A continuous abatement notice shall serve as notice to the real property Owner and/or Responsible Party that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the municipality or its contractors.
(h) Means of appeal.
(1) Appeal to Board of Public Works and Safety. Any Person aggrieved by a determination of the Code Enforcement Official to the effect that a notice of violation or order served is in error, or should, due to hardship, be modified or be entitled to a variance from enforcement, or that a reasonable extension of time for the compliance should be granted upon the grounds of a demonstrated case of hardship and evidence of an actual undertaking to correct the violation, together with a legitimate intent to comply within a reasonable time period, may appeal to the Board of Public Works and Safety for rescission of the notice or order, or for a modification, variance, or extension of time for compliance.
(2) Procedure and hearing. A request for rescission, modification, variance, or extension of time shall be made in writing, to the Clerk of the Board of Public Works and Safety, to be placed on the Board of Public Works and Safety agenda, within ten days of the petitioner's receipt of a copy of the notice or order. The Board of Public Works and Safety shall schedule a hearing within 30 days of receipt of the request.
(3) Open hearing. All hearings before the Board of Public Works and Safety shall be open to the public. The petitioner, the petitioner's representative, the Code Enforcement Official and any Persons whose interests are affected shall be given an opportunity to be heard.
(4) Findings. Prior to ruling on an appeal, the Board of Public Works and Safety shall make the following findings:
a. The violator was served with a notice of violation as provided by section 6-273(e).
b. The notice of correction order that was served stated the specific nature of the violation; corrective action needed to be taken to abate the violation; a sufficient description of the real estate upon which the violations exist; and a specific time period for abatement of violation.
c. Within the time period stipulated by the notice of correction order, the violator failed to comply with the correction order by not abating the violation, and/or not bringing the property into compliance with City of Greenwood Property Maintenance Code.
d. Upon expiration of the date indicated for compliance in the correction order, the Premises or Structure was being maintained in violation of specific provisions of the City of Greenwood Municipal Code and/or conditions imposed by Board of Public Works and Safety as a prerequisite to the modification of a previous compliance order.
e. Determination that a violation exists on the property.
(5) Board decision. At the conclusion of a hearing at which a continuance is not granted, the Board of Public Works and Safety may reverse, affirm, or modify the order, notice, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as justice would require. The Board's determination and findings of fact shall be recorded in the Board of Public Works and Safety's minutes and if a notice or order is affirmed or modified, the Board of Public Works and Safety shall, in the determination on appeal, reestablish a reasonable timeline to make the repairs and improvements required to bring the dwelling unit, Structure or improvement into compliance with the provisions of this code.
(6) Court review. Any interested Person, whether or not a previous party to the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law.
(7) Stays of enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the Board of Public Works and Safety rules on the appeal.
(i) Abatement. Upon expiration of the ten (10) day notice period, or seven (7) day notice period for violation of Section 6-271(a) (and any subsequent appeal, if filed), Code Enforcement may proceed at once to cause the Nuisance to be abated and charge the cost thereof against the Owner and/or Occupant of said property. The liability created herein shall be joint and several as to the Owners and Occupants or Tenants and shall include any attorneys’ fees incurred as part of collection.
(Ord. 12-44, §2, 10-15-12; Ord. 13-29, §1, 5-20-13; Ord. 13-62, § 3, 10-28-13; Ord. 16-14, §§ 8, 9, 10, 4-4-16; Ord. 19-41, §§ 2, 3, 11-6-19)