The Building Commissioner shall serve Notice of Violation (hereinafter referred to as "Notice" or "Notice of Violation") on all persons, firms, or corporations, or the agent or property manager of a person, firm or corporation identified as the owner or occupant of such property found to be in conflict with or in violation of any of the provisions of this code.
Whenever the Building Commissioner determines that there has been a violation of Chapter 1364 or has grounds to believe that a violation has occurred, Notice shall be given in accordance with the following:
a. The Notice shall be in writing;
b. The Notice shall be sent to the person, firm, or corporation listed by the Cuyahoga County Fiscal Office as owner of the property or the person, firm or corporation identified as the occupant of such property. Such Notice may also be sent to the agent or property manager of a person, firm or corporation identified as the owner or occupant of such property;
c. The Notice shall include a description of the property that is sufficient for identification purposes;
d. The Notice shall include a statement of the violation(s) determined to exist on the property with specific references to the section or sections of this code alleged to have been violated;
e. The Notice shall include a description of the corrective action which must be taken to bring the property into compliance with the provisions of this code;
f. The Notice shall include a deadline by which time the person receiving the Notice shall be required to take the necessary corrective action required to bring the property into compliance with the provisions of this code; and
g. The Notice shall inform the person or entity to whom addressed of the right to appeal such Notice of Violation.
The Notice of Violation shall be deemed to be properly served if a copy thereof is:
a. Delivered personally; or
b. Sent by regular first class U.S. mail addressed to the occupant of such property and to the owner of the property at the address listed as the owner's tax mailing address by the Cuyahoga County Fiscal Officer. If the address for the owner appearing on the tax list of the Fiscal Officer is that of a lending institution or other person or entity clearly recognizable as not being the owner of such property, then written notice shall be mailed to such institution, person or entity at the listed address and to the named owner(s) at the street address of the property; or
c. Sent by certified or registered first class mail addressed to the owner's last known address; or
d. Sent by Federal Express, United Parcel Service, DHL or other private parcel delivery service; or
e. Posted in a conspicuous place in or about the structure affected by such Notice.
The Building Commissioner may, at his/her sole discretion, extend the deadline previously stated in the Notice of Violation for corrective action to bring a property into compliance in cases where good cause and/or significant continuing progress is demonstrated to his/her satisfaction. In the event such an extension is granted, the Building Commissioner shall notify the property owner, occupant or agent of the extension in the same form and pursuant to the same method of service required in Sections 1364.106.3, unless such service is waived in writing by the property owner and/or occupier. Any such Notice of Extension shall specifically state the revised deadline by which time the person or entity receiving the extension shall be required to take the necessary corrective action to bring the property into compliance with the provisions of this code.
(Ord. 2018-98. Passed 11-20-18.)
(Ord. 2018-98. Passed 11-20-18.)