(a) Power to Give Notice of Violations. When the Housing Director or a Housing Inspector determines that a violation exists as to any provision of this Housing Code, or of any rule or regulation adopted pursuant thereto, he shall give notice in writing of such alleged violation to the person or persons responsible therefor, as hereinafter provided.
(b) Form of Notice. A notice of violation shall:
(1) Be put in writing.
(2) State the date of issuance and the time within which a request for hearing may be filed.
(3) Include a brief statement of the facts which constitutes a violation of this Housing Code.
(4) Allow a reasonable time for the performance of any act required by the Housing Director to effect compliance with this Housing Code.
(5) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Housing Code and with rules and regulations adopted pursuant thereto.
(c) Procedure for Serving Notice. The Housing Director shall serve a notice of violation upon an owner, his agent or the occupant, as the case may require, provided that notice shall be deemed to be properly served upon such owner, agent or occupant by:
(1) Serving a copy thereof upon him personally.
(2) Sending a copy thereof by registered mail.
(3) If the address cannot be found by ordinary diligence, by leaving a copy upon the premises in charge of any person residing thereon; otherwise by posting a notice thereof in a conspicuous place on or about the dwelling affected by the notice, or
(4) Serving a copy thereof by any other method authorized or required under the laws of the State.
(d) Petition For Hearing; Time Limit. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Housing Code, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Building Board of Appeals, provided such person shall file in the office of the Housing Director a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served.
(e) Date and Place of Hearing Set; Notice to Petitioner. Where a person has filed a request for a hearing pursuant to subsection (d) hereof, the Housing Director shall set a time and place for such hearing before the Building Board of Appeals and shall give the petitioner written notice thereof.
(f) Petitioner's Right To Be Heard. At such hearing the petitioner or his representative shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
(g) Hearing Within Thirty Days of Filing; Postponement. The hearing shall be commenced not later than thirty days after the day on which the petition was filed. However, upon application of the petitioner, the Housing Director may postpone the date of the hearing for a reasonable time beyond such thirty day period if, in his judgment the petitioner has submitted a good and sufficient reason for such postponement.
(h) Board Action On Notice: Final Order. After such hearing the Building Board of Appeals shall sustain, modify or withdraw the notice depending upon its finding as to whether the provisions of this Housing Code or of the rules or regulations adopted pursuant thereto have been complied with. If the Building Board of Appeals sustains or modifies such notice, such action shall be deemed a final order.
(i) Record of Hearing. The Building Board of Appeals shall keep a written record of the hearing, including a summary of the evidence, the finding, the order and all notices issued or received. The record shall constitute a public record available for inspection at all reasonable times.
(j) Notice A Final Order If Petition Not Filed. If no request for hearing is filed within the time limited by subsection (d) hereof, the Housing Director's notice of violation shall constitute a final determination that a violation has been committed and a final order to take the corrective action described in the notice.
(k) Notice a Final Order If Petitioner Fails To Appear. If a petitioner or his representative that has been notified fails to appear at a hearing which he has requested, the Housing Director's notice of violation shall constitute a final determination that a violation has been committed and a final order to take the corrective action described in the notice.
(l) Emergency Order; Compliance. When the Housing Director finds that an emergency exists which requires immediate action to protect the public health, safety and welfare he may, without notice or hearing, issue an order reciting the facts which constitutes the emergency and requiring that such action be taken as he deems necessary to meet the emergency. The order shall be effective immediately. The persons to whom the order is directed shall comply immediately.
(m) Hearing On Emergency Order. When a person affected by an emergency order requests a hearing, the Building Board of Appeals shall hold a hearing as soon as possible under the procedure outlined in the foregoing sections, provided such person secures a bond with good and sufficient surety in an amount sufficient to reimburse any person suffering any damage occasioned by the delay in complying with such emergency order. After such hearing, depending upon the findings as to whether the provisions of this Housing Code or of the rules and regulations adopted pursuant thereto have been complied with, the Housing Director shall continue such order in effect, or modify or revoke it.
(n) Board May Initiate Repairs; Costs a Lien. If the Building Board of Appeals determines that compliance with the provisions of this Housing Code can be affected by improvement, the Board of Health may order its repair. If the owner fails to comply with such order within a reasonable time to be set the Board of Health in its final order, the Board of Health may furnish the material and labor, cause the work to be done and certify the cost to the County Auditor and the same shall become a lien on real estate.
(Ord. 41-1989. Passed 3-20-89.; Ord. 71-1992. Passed 4-6-92.)