(A) When a Compliance Officer determines after reasonable observation or investigation that a person has not complied with any provision of this subchapter or has failed to comply with an approved ESCP, the Compliance Officer may order compliance by written notice of noncompliance and order to correct.
(B) (1) Notice(s) of noncompliance and order(s) to correct shall be served in accordance with the law of the state concerning the service of process in civil actions, except that a method of service effectuated by a mailing by the clerk of a court (e.g., service pursuant to State Rule of Civil Procedure 4(d)(1)(D)) shall be deemed to be effectuated by a mailing by a Compliance Officer. If service is made by certified mail consistent with State Rule of Civil Procedure 4(d)(1)(D) and delivery of the notice of noncompliance and order to correct is refused, the Compliance Officer, promptly upon the receipt of the notice of such refusal, shall mail to the person being noticed, by first class mail, postage prepaid:
(a) A copy of the notice of noncompliance and order to correct;
(b) A notice that despite such refusal, the notice of noncompliance and order to correct is valid; and
(c) Advising that the city will proceed to enforce the notice of noncompliance and order to correct.
(2) So long as such first class mailing is not returned as undeliverable by the U.S. Postal Service, service of the notice of noncompliance and order to correct 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.
(C) Any notice of noncompliance and order to correct under this section shall be in writing and shall contain the following;
(1) The date the notice of noncompliance and order to correct is given;
(2) The name and address of the person(s) charged with the noncompliance;
(3) The nature of the noncompliance;
(4) A statement of the action required to be taken in order to correct the noncompliance and further prevent it;
(5) The time period allowed for correction. When determining the time period allowed for correction, a Compliance Officer shall take into consideration the threat posed by the noncompliance to the health, safety and welfare of the public and the nature of the work required to correct the noncompliance;
(6) The maximum fines that may be assessed if the noncompliance is not corrected and a citation is issued; and
(7) The name, address and telephone number of the Compliance Officer issuing the notice of noncompliance and order to correct.
(D) Nothing in this section shall limit the authority of Compliance Officers to take any other lawfully prescribed enforcement action, including emergency actions or any other enforcement action, without first issuing a notice of noncompliance and order to correct.
(E) Failure to correct the noncompliance by the date set forth in the notice of noncompliance and order to correct shall be reported to the Building Department. Any subsequent work performed shall constitute work being performed in a dangerous or unsafe manner or in a manner contrary to the State Building Code, as adopted by the municipal code, and the person charged with the noncompliance may be issued a stop work order or the building permit may be revoked.
(Ord. passed 10-4-2016)