(a) Where a violation of this chapter is found to exist, a written notice of violation and order from the administrator shall be served in accordance with subsection (b) hereof upon the owner, occupant, or agent of the subject property. Said notice shall specify the nature of the violation committed, what must be done to correct same, and specify a reasonable period of time to correct, remove and/or abate said violation.
(b) Service of the notice of violation and order is perfected when accomplished as follows:
(1) The violation notice will be delivered via regular U.S. mail addressed to the responsible persons last known address, residence, place of business or the tax mailing address as indicated in the records of the Lake County Treasurer; and one of the following:
A. By personal delivery; or
B. By leaving the notice of violation and order at the person’s last known residence or place of business in the presence of a family member or other responsible person of suitable age and discretion who shall be informed of the general nature of the contents thereof; or
C. By posting the subject property with the violation notice in a conspicuous location visible to any owner, occupant or agent of said property; or
(2) If service is not accomplished by any of the above means, then a notification of the existence of the notice of violation and order may be published at least once in a local newspaper of general circulation.
(c) A notice of violation and order issued pursuant to subsection (a) of this section, once served pursuant to subsection (b) hereof, shall be effective to place the property owner or occupant on notice of the continuing legal duty to prevent the re-occurrence of the violation, provided the notice of violation contains the following language:
“YOU ARE HEREBY PLACED ON NOTICE THAT YOU HAVE A CONTINUING LEGAL DUTY TO PREVENT THE RE-OCCURRENCE OF THIS VIOLATION. IN THE EVENT THIS VIOLATION RE-OCCURS WITHIN TWENTY FOUR MONTHS OF THE DATE OF THIS NOTICE, NO FURTHER NOTICE WILL BE ISSUED TO YOU BY THE CITY AND THE CITY MAY, AT ITS SOLE ELECTION, PROSECUTE A CRIMINAL ACTION AGAINST YOU IN THE MENTOR MUNICIPAL COURT AND TAKE IMMEDIATE ACTION TO CORRECT, REMOVE AND/OR ABATE THE VIOLATION AT YOUR COST.”
If the violation reoccurs within a twenty four month period from the date of service of the notice of violation and order, and there has been no change in ownership or occupancy, as applicable, of the subject property, and the notice of violation and order contained the language set forth above, no new notice of violation and order need be issued prior to the City taking immediate action to prosecute a criminal action in the Mentor Municipal Court and correct, remove and/or abate the violation at the expense of the appropriate party.
(Ord. 07-0-60. Passed 6-19-07.)