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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.)
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.)
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.)
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.)
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.)
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