(A) Notice to owner or persons responsible. Whenever the Code Official determines that there has been a violation of this chapter, or has grounds to believe that a violation has occurred or is occurring, notice shall be given to the owner or the responsible persons in the manner prescribed in divisions (B) and (C) of this section. Notices for condemnation procedures shall also comply with divisions (B) of this section.
(B) Form of notice. Such notice prescribed in division (A) 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 reason or reasons why the notice is being issued;
(4) Include a compliance order establishing a reasonable time limit, as determined by the Code Official, to make any repairs or improvements required to bring the dwelling unit or structure into compliance with the provisions of this chapter; and
(5) The initial notice shall contain a notice of warning informing the owner that subsequent exterior property area inspections at that same location within the next consecutive 12 months may be deemed an excessive consumption of exterior inspection services and that the owner may be liable for an exterior inspection services fee.
(C) Method of service. Such notice shall be deemed served if a copy of such notice is delivered to the owner personally or sent by certified or registered mail addressed to the owner at the last known address with return receipt requested. If the certified or registered letter is returned showing that the letter was not delivered, a copy of such notice shall be posted in a conspicuous place in or about the structure affected by such notice and a copy forward by regular U.S. Mail. Service of such notice in the foregoing manners upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
(D) Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 156.34 of this chapter.
(E) Excessive inspection fee. The town shall be entitled to collect its costs of enforcement from a property owner who consumes excessive exterior inspection services. An excessive consumption of exterior inspection services occurs at each element of an exterior inspection cycle beginning after:
(1) Written notice of a violation is served following an initial inspection;
(2) Three additional exterior inspections are performed at the same location within a consecutive 12-month period after the initial inspection; and
(3) During each of the three additional exterior inspections under division (2) above, the Enforcement Officer finds violations which are either new violations or violations based upon failure to correct previous violations. The fee for the fourth inspection in any 12-month period under this section shall be $200 and an additional fee for each inspection thereafter in the same 12-month period shall be $50. The owners who have received a notice of warning shall be jointly and severally liable for the excessive consumption of exterior inspection services fee. Action under this section does not preclude any other civil or criminal enforcement procedure or penalties.
(F) Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served, to sell, transfer, mortgage, lease or otherwise dispose of said property to another until the provisions of the compliance order or notice of violation have been complied with or until such owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of any compliance order or notice of violation issued by the Code Official and shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgage or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repair required by such compliance order or notice of violation.
(Ord. 2002-15, passed 10-14-02)