1365.17 PROCEDURE FOR ABATEMENT; NOTICE; APPEAL.

   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 responsible for the correction thereof.

   (a)    Contents of Notice. The notice shall specify the violation committed, what must be done to correct same, a reasonable period of time not to exceed forty-five days to correct or abate the violation and the right of the person served to request a hearing. The notice shall become an order of the Property Maintenance Officer in ten days after service unless a hearing is requested pursuant to by section (c) hereof.

   (b)    Service of Notice. Notice may be served personally, 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 known address as provided hereunder if such other address is filed with the Officer personally or by certified mail addressed to the Officer. The 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 provisions herein contained where premises are subject to registration pursuant to Section 1365.22 and have been so registered, notice served upon the agent designated therein shall constitute service upon the owner, operator and lessor of the premises, jointly and severally. Where the owner, operator or lessor has failed to register the premises as required under Section 1365.22, or if the present premises have been registered, and if the agent designated therein cannot be found at the address given in the registration, the owner, operator or lessor affected thereby may be served by posting notice upon the premises in a conspicuous place as near as possible to the front entrance thereof.

   (c)    When Notice Becomes a Final Order. Within ten 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 before the Board of Zoning Appeals and serves a written request within the ten-day period in person or by mail on the Chairman of such 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.

   (d)    Determination at Hearing. At any hearing provided hereunder the Chairman of the Board 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 may withdraw the notice.

   (e)    Extension of Time. The Property Maintenance Officer may extend the time for correction or abatement of the violations 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.

   (f)    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 (c) hereof, the Officer may advise the Law Director of the circumstances and request the Law Director to institute an appropriate action at law to compel compliance.

   (g)    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.

   (h)    Where Notice and Hearing Not Required Prior to Court Proceedings. Notwithstanding the requirements of subsections (a) through (d) hereof, violations of the following sections may be prosecuted without notice by the filing of a complaint by the Property Maintenance Officer in the Municipal Court: Sections 1365.16 , 1365.21 (d) and 1365.22 .

   (i)    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 violations set forth therein until such violations are abated in conformity with this Code and the other applicable ordinances of the City. (Ord. 1970-44. Passed 6-23-70.)