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(A) Code Inspectors shall be the Building Official, City Planner, Director of Public Safety, Chief of Police, and the Fire Chief or their designated representatives and it shall be their duty to insure code compliance and to initiate enforcement proceedings; however, no member of a board shall have the power to initiate such enforcement proceedings.
(B) Except as provided in divisions (C) and (D) of this section, if a violation of the codes is found, the Code Inspectors shall notify the violator and allow the violator a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code Inspectors shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in § 30.40 to the violator. At the option of the Code Enforcement Board, notice may additionally be served by publication as provided in § 30.40. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board hearing, and the notice shall so state.
(C) (1) If a repeat violation is found, the Code Inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The Code Inspector, upon notifying the violator of a repeat violation, shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to § 30.40. The case may be presented to the Code Enforcement Board even if the repeat violation has been corrected prior to the Board hearing, and the notice shall so state. If the repeat violation has been corrected, the Code Enforcement Board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay the costs as determined by the Code Enforcement Board.
(2) "REPEAT VIOLATION" means a violation of a provision of a code or ordinance by a person who has previously found through the Code Enforcement Board or other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations.
(D) If the Code Inspector has reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the Code Inspector shall make a reasonable effort to notify the violator and may immediately notify the Code Enforcement Board and request a hearing.
(E) If the owner of property which is subject to an enforcement proceeding before the Code Enforcement Board or court transfers ownership of the property between the time initial pleading or notice was served and the time of the hearing, the owner shall:
(1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.
(2) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor.
(3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding.
(4) File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer.
A failure to make the disclosures described in paragraphs (1), (2), and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.
(Ord. 508, passed 6-7-90; Am. Ord. 966, passed 3-2-00)