1361.11 VIOLATIONS OBSERVED.

   When violations of Chapters 1361-1366 are observed, the Chief Building Official or his or her authorized representative shall file a written report of such violations with the City Administrator and the City Law Director.

(Ord. 002-2023. Passed 1-3-23.)

1361.12 NOTICES AND ORDERS.

   (a)   Notice of violations of Chapters 1361-1366, and orders for the correction of such violations shall be given to the owner or his or her agent within seven (7) working days from the date of inspection. Notice shall:

      (1)   Be in writing.

      (2)   Identify the property involved, the day of the inspection and the name of the inspector.

      (3)   Cite the conditions that constitute violations of this article.

      (4)   State the time allotted for correction of the violations. Emergency hazards shall be corrected immediately. For purposes of this section, the time allotted for correction of non-emergency violations shall be no less than thirty (30) and no more than ninety (90) calendar days.

      (5)   Inform the owner of his or her right to appeal to the Administrative Hearings Officer Any appeal of a decision shall be heard within thirty days and decided within a reasonable time frame by the Administrative Hearings Officer as hereinafter set forth.

         (Ord. 002-2023. Passed 1-3-23.)

1361.13 TRANSFER OF OWNERSHIP AND DISCLOSURE.

   When selling or transferring ownership of a non-owner-occupied residential dwelling and/or unit the seller and his or her agent/s shall disclose and furnish to the buyer, grantee or transferee a true copy of said notice of any pending violation or violations of this code and any order or orders for correction issued by the Chief Building Official, and shall furnish to the Chief Building Official a signed and notarized statement from the grantee or transferee acknowledging the receipt of such notice of violation and order for correction, and fully accepting the responsibility without condition for making the corrections or repairs required by such notice of violation and order for correction. (Ord. 002-2023. Passed 1-3-23.)

1361.14 NOTICE TO VACATE.

   When the Chief Building Official, Chief of Police or Fire Official finds any dwelling unfit for human habitation, he or she shall serve notice to vacate on the owner or his or her responsible local agent as follows:

   (a)   By personal service on the owner or the responsible local agent; or

   (b)   By personal service to the owner, the responsible local agent, or to a person of suitable age and discretion at the owner's or responsible local agent's last known address; or

   (c)   By either first class mail, certified mail, or personal service addressed to the owner or his or her responsible local agent at his or her last known address; or

   (d)   By posting the notice for a twenty-four (24) hour period in placard form in a conspicuous place on the premises to be vacated. No person shall deface or remove such placard from any dwelling except by authority in writing from the Chief Building Official. (Ord. 002-2023. Passed 1-3-23.)

1361.15 VACATING OF UNFIT BUILDING.

   Any dwelling or dwelling unit which has been declared unfit for human habitation shall be vacated within a reasonable time as required by the Director of Public Safety, Chief Building Official, Chief of Police or Fire Official. No person shall occupy such dwelling or dwelling unit until written approval is secured from the Chief Building Official.

(Ord. 002-2023. Passed 1-3-23.)

1361.16 CORRECTION OF VIOLATION.

   The time limit set for the correction of a violation may be extended by the Chief Building Official if the owner can show a good faith effort to comply with the repair order. Time limits may also be extended by the Chief Building Official for repairs which cannot be carried out within the allotted period because of the seasonal nature of the work to be done.

(Ord. 002-2023. Passed 1-3-23.)

1361.17 NON-COMPLIANCE CASES.

   If the owner or occupant fails to comply with the correction order contained in the notice of violation, the Chief Building Official may bring an action to enforce the provisions of this article. If the violation constitutes an emergency, or the owner ignores the correction order, the Chief Building Official may cause the necessary repairs to be made or take other corrective action up to and including condemnation and demolition of the structure, and the charges collected as a special assessment against the premises.

(Ord. 002-2023. Passed 1-3-23.)

1361.18 PENALTIES.

   In addition to the enforcement action and actions of the Chief Building Official, which may include monetary fees and fines as established by administrative policy, a person or entity who violates the provisions of this Chapter for failing to comply with the correction orders of the Chief Building Official within the time period specified in the correction order (which order shall be no less than ninety (90) days if it is not a condition hazardous to health or safety that exists on the premises that requires immediate attention) shall be guilty of a misdemeanor of the Fourth degree. Each day of violation of a provision of this article relating to the failure to comply with the correction order shall constitute a separate violation. The Court shall suspend any jail term of any person in violation of this Chapter who complies with the charged code requirements within thirty (30) days of receipt of a citation and where that person has no prior violations of this Chapter, but the Court shall have no authority to waive fines and fees. The Court shall not wave fees and penalties. (Ord. 002-2023. Passed 1-3-23.)