A. General: A code enforcement officer may attempt to secure the voluntary correction of a violation by attempting to contact the person responsible for the violation, explaining the violation, and requesting correction. This may be done verbally by the code enforcement officer or in writing.
B. Written Correction Notice; Policy; Exceptions: It is the policy of the city to attempt voluntary correction pursuant to the provisions of this section prior to issuance of a notice of civil violation or notice of civil infraction, except under the following circumstances: 1) when the violation constitutes a "repeat violation" as defined in this chapter, 2) when the code enforcement officer determines, in his or her reasonable discretion, that a written correction notice would be ineffective or futile, or 3) when a civil regulatory order has been issued. The failure of the code enforcement officer to seek voluntary correction shall not invalidate any action taken by the code enforcement officer or the city pursuant to this chapter.
C. Service Of Correction Notice: Service of a written correction notice may be accomplished by regular, first class mail or by personal service, at the discretion of the code enforcement officer, or by posting or publishing the correction notice pursuant to subsections 1-13-3A3 and A4 of this chapter if an address for the person responsible for compliance cannot be ascertained.
D. Contents Of Written Correction Notice: The written correction notice shall be deemed sufficient if it contains the following information:
1. The name and address of a person responsible for the violation; and
2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
3. A description of the nature, extent, and time of the violation and a reference to the regulation or provision of this code or uncodified city ordinance that has been violated; and
4. A statement identifying what corrective actions are required and a correction deadline stating the date and time by which the corrective actions must be completed in order for the violator to avoid the issuance of a notice of violation; and
5. A statement indicating that a notice of civil violation or civil infraction may be issued for each day a violation continues, with each violation constituting a separate violation subject to civil and/or criminal penalties.
E. Time Period In Which To Correct Or Abate The Violation: Whenever a person responsible for compliance is served with a written correction notice, he or she shall be given at least ten (10) days from the date of issuance of the notice to correct the violation(s); provided, where, the code enforcement officer determines that a violation creates a risk of imminent harm to public health or safety, or is a "repeat violation" as defined in this chapter, the code enforcement officer can require less than ten (10) days for correction to be completed. In the event the violation is not corrected within the required time period, the code enforcement officer may exercise whatever other remedies are available pursuant to this chapter.
F. Extension Of Voluntary Correction Period Or Modification Of Required Actions: An extension of the deadline for voluntary correction, or a modification of any required corrective action noted in the written correction notice, may be granted by the code enforcement officer if the person responsible for compliance has, in the opinion of the code enforcement officer, shown due diligence or made substantial progress in correcting the violations but unforeseen circumstances, or other circumstances over which the person responsible for compliance has no control, render correction unattainable within the original deadline.
G. Revocation Of Deadline For Compliance: The original deadline for compliance, or any extension for compliance previously granted by the code enforcement officer, may be revoked and immediate compliance required where, in the opinion of the code enforcement officer, circumstances make immediate correction necessary to avoid an imminent risk of injury to persons or property. (Ord. 912, 9-14-2011)