(a) If an enforcement official determines that a code violation exists, the enforcement official shall provide written notice of such violation to the person having either ownership or control of any land, building, structure, sign, property, licensed or permitted business or operation which is in violation, and shall order that the violation be corrected. Notice of the violation shall be served in accordance with the law of the State of West Virginia concerning the service of process in civil actions, except that a method of service effectuated by a mailing shall be deemed to be effectuated by a mailing by an enforcement official. If service is made by certified mail pursuant to this section, and delivery of the notice of the violation is refused, the enforcement official, promptly upon the receipt of the notice of such refusal, shall mail to the person or entity being noticed, by first class mail, postage prepaid, (1) a copy of the notice of the violation(s) (2) a notice that despite such refusal, the notice of the violation(s) is valid, and (3) advising that the City will proceed to enforce the notice of violation(s). So long as such first-class mailing is not returned as undeliverable by the U.S. Postal Service, service of the notice of violation(s) will be conclusively presumed to have been effectuated. Proof of service shall be made at the time of service by a written declaration, under oath, executed by the enforcement official effecting service and shall declare the time, date and manner by which service was made.
(b) Any notice of violation(s) under this article shall be in writing and shall contain the following:
(1) The date the notice of violation is given;
(2) The name and address of the person(s) charged with the violation;
(3) The section of the ordinance being violated;
(4) The nature of the violation;
(5) A statement of the action required to be taken in order to correct the violation;
(6) The time period allowed for the violation to be corrected prior to the issuance of a citation. When determining the time period allowed for correction, the enforcement official shall take into consideration the threat posed by the violation to the health, safety and welfare of the public and the nature of the work required to correct the violation, provided that no such time period for correction shall be less than five days;
(7) The maximum fines that may be assessed if the violation is not corrected; and
(8) The name, address and telephone number of the enforcement official issuing the notice of violation.
(Passed 8-4-20.)