SECTION A-502 NOTICES AND ORDERS

A-502.1 Notice of violation: 131 Whenever the code official observes an apparent or actual violation of a provision of this code or the technical codes or of a permit, certificate or construction document issued thereunder, the code official shall prepare a written notice of violation describing the condition of violation and specifying time limitations not to exceed 35 days for the required correction, discontinuance of illegal action or condition, repairs, improvements or abatement of violation. Where the code official determines that a condition exists which creates a hazard to life or property requiring immediate action, an immediate oral order to repair or otherwise immediately remove the hazard shall have the full effect of the required subsequent written notice of violation.

A-502.2 Form: 132 The written notice prescribed in Section A-502.1 shall:

   1.   Include the address of the premises in violation;

   2.   Include a description of the violation(s);

   3.   Include a correction order to eliminate the violation(s); and

   4.   Include a time limitation for correction of the violation(s).

A-502.3 Service of notice: The written notice of violation shall be served upon the owner, owner's agent, occupant or other person responsible for the erection, construction, installation, alteration, extension, repair, removal, demolition, operation or occupancy of a building, structure, equipment or system under violation. If such person is not the owner of the premises where the violation is deemed to exist or to have occurred, a copy of the notice shall be sent by first class mail to the last registered owner of the premises. The failure of the code official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this code or the technical codes.

A-502.4 Method of service: A notice of violation shall be deemed to be properly served if a copy thereof is delivered to such persons prescribed in Section A-502.3 by one or more of the following:

   1.   Personally;

   2.   By first class mail to the last known residence or business address;

   3.   By certified or registered mail to the last known residence or business address, return receipt requested;

   4.   By leaving it in the possession of an adult member of the person's family;

   5.   By leaving it in the possession of an adult in charge of the premises or persons place of business; or

   6.   If no address is known or the mail is returned indicating no delivery, a copy of the notice shall be posted in a conspicuous place at the entrance or avenue of access to the premises in violation and such procedure shall be deemed the equivalent of personal notice.

A-502.5 Date of service: The date of service shall be the date of personal service, the date of posting, or the date of mailing by first class, registered or certified mail.

 

Notes

131	Amended, Bill No. 030780 (approved December 31, 2003); amended, Bill No. 180175 (approved June 6, 2018).
132	Amended, Bill No. 030780 (approved December 31, 2003).