(A) Notice of violation. Whenever the Building Official or enforcing officer determines that there has been a violation of this chapter, he or she shall give notice of such alleged violation and orders for the correction of violation as provided, except this section shall not apply in any way to the prosecution of violations of § 97.12 or § 97.17 or violations of the registration requirements set forth in § 97.03, as such may be prosecuted without notice. Such notice shall:
(1) Be in writing;
(2) Include a statement of the conditions that constitute violations of this chapter;
(3) State the date of the inspection, the name of the inspector, the address of the dwelling and the date set for reinspection;
(4) Specify a time limit for the performance of any act it requires;
(5) Notify the responsible local agent, or the occupant as the case may require, of his or her right to appeal from the notice or order to the Rental Housing Board of Appeals; and
(6) Be served upon the owner or the occupant as the case may require, and on the responsible local agent, and that such notice shall be deemed to properly served if a copy thereof is:
(a) Served personally;
(b) Sent by certified mail to the last known address; or
(c) Posted on the land or attached to the property with a copy sent by first class mail to the last known address. Notice given to the responsible local agent is deemed as notice given to the owner.
(B) Final notice of violation. Upon observing the continued existence of a violation of this chapter as stated in the notice to repair, the Building Official or enforcing officer shall send a final notice of violation and order to vacate to the agent. Such notice shall be sent by certified mail to the last known address of the agent and shall:
(1) Specify the date of the inspection;
(2) Specify the address where the violation was found;
(3) Include the name, telephone number and signature of the inspector;
(4) Include a description of each violation observed by the inspector;
(5) State that each violation is a separate punishable offense; and
(6) Order the premises to be vacated within a time to be set by the inspector, the length of which shall be determined to the extent of the danger to the occupants if it will exceed 30 days, or:
(a) Order correction of all violations within a time period not to exceed 15 days;
(b) State that a reinspection will be made to determine whether all violations have been corrected by the specified date and that a reinspection fee in an amount established by the City Council will be required paid prior to reinspection;
(c) State that failure to comply with the notice will result in prosecution; and
(d) Employ any other additional or optional corrective or enforcement measure as provided for under the city ordinances or by law.
(C) Posting final notice of violation. Upon issuing a final notice of violation for a residential rental structure or residential rental unit, or its accessory building, the city shall affix a copy of the notice on the residential rental structure or unit and deliver a copy of the notice to the occupant, if any.
(D) Nuisance per se. Notwithstanding any provision in this chapter to the contrary, any residential rental structure or unit that is found to be in such condition as to preclude habitation or threaten the health, safety or welfare of the occupants or community shall be considered a nuisance per se, and as such subject to abatement in a manner prescribed in the Code of Ordinances of the City of Memphis, Michigan.
(Ord. 224, passed 4-2-2024)