(a) Whenever the Housing Code Compliance Officer determines that there has been a violation of any of the provisions of this Chapter, he or she shall give notice of the violation to the person(s) responsible therefor and order compliance, as herein provided. The notice and order shall:
(1) Be put in writing on an appropriate form as the Department of Planning and Development shall determine;
(2) Include a list of violations, refer to the sections and divisions violated and order remedial action which will effect compliance with the provisions of this Chapter;
(3) Specify a reasonable time within which to comply; and
(4) Be served on the Operator, Owner or Occupant, personally, or by certified mail and regular mail to the person’s residence, regular place of business or last known address. If the certified or regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person’s residence, regular place of business, last known address or the building affected.
(b) Whenever a person violates or fails to comply with any of the provisions of this Chapter, the Housing Code Compliance Officer shall have the authority to impose an administrative penalty. The Housing Code Compliance Officer shall consider the following criteria in assessing an administrative penalty:
(1) The extent to which the person has benefited by the violation of this Chapter;
(2) The degree of harm to the public health, safety, welfare and aesthetics as a result of the violation of this Chapter;
(3) The recidivism of the person, including previous notices and orders to comply and previous enforcement action;
(4) Good faith efforts of the person to remedy the violation of this Chapter; and
(5) The duration of the violation after a notice and order to comply was served pursuant to Section 1153.05
(c) The imposition of an administrative penalty shall be accomplished only after a notice and order is provided to the Occupant, Operator and Owner. Notice of a decision imposing an administrative penalty shall:
(1) Be put in writing on an appropriate form as the Department of Planning and Development shall determine;
(2) State the basis for the administrative penalty, including the section of this Chapter that has been violated;
(3) Specify the date and manner by which the penalty must be paid; and
(4) Be served in accordance with the notice requirements set forth in Chapter 1151 of these Codified Ordinances.
(Ord. 22-32AC CMS. Passed 7-5-22.)