(A) Generally. Where a violation of any of the provisions of this exterior property maintenance code or the regulations hereunder is found to exist, a written notice from the Property Maintenance Officer shall be served upon the person responsible for the correction of such violation.
(B) Contents. The notice shall specify the violation committed, what must be done to correct the same, a reasonable period of time (not to exceed 45 days) to correct or abate the violation, the right of the person served to request a hearing and that the notice shall become an order of the Property Maintenance Officer ten days after service, unless a hearing is requested pursuant to division (D) of this section.
(C) Service. Notice may be served personally, by prepaid telegram or by mail with postage prepaid, addressed to the last known address of the person to be served. Where it is ascertained that the owner does not reside on the premises, the last known address shall be the address of the owner as shown in the office of the County Auditor. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The Property Maintenance Officer shall file and provide notice of any violation to any owner or operator at any address other than the last known address, if such other address is filed with the Property Maintenance Officer, personally or by certified mail, addressed to the Property Maintenance Officer. The date of service of the notice shall be determined, where service is by mail, as the day following the day of mailing for notices to addresses within the city, and as of the fourth day after the day of mailing for notices to addresses outside the city. where the date of service would fall upon a Sunday or other day when mail is not ordinarily delivered, the date of service shall be the next regular delivery day. Notwithstanding any other provision herein contained, where premises are subject to registration and have been so registered, notice served upon the agent designated therein shall constitute service upon the owner, operator or lessor of the premises, jointly and severally. Where the owner, operator or lessor has failed to register the premises, or if the premises have been registered and the agent designated therein cannot be found at the address even in the registration, the owner, operator or lessor affected thereby may be served by posting notice upon the premises in a conspicuous place as near as possible to the front entrance thereof.
(D) Notice to become an order; hearings. Within ten days of the date of service of a notice, the notice shall constitute a final order unless the person affected by the notice requests a hearing thereon before the Board of Zoning Appeals by serving a written request within the ten-day period, in person or by mail, on the Chairperson of the Board. Such request shall briefly set forth the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Chairperson, upon receipt of the request, shall, within 30 days therefrom and upon five days notice to the party aggrieved, set the matter for hearing.
(E) Determination at hearing. At any hearing provided for under this section, the Chairperson shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by the issuance and service of subpoenas; to require, by subpoena, the production of books, records or other documents at such hearing which may be pertinent to matters to be determined by him or her; and to enforce any such subpoena or secure any order for the enforcement of any such subpoena, as provided by law. The determination shall be made within ten days from the completion of the hearing. The Board shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.
(F) Extension of time. The Property Maintenance Officer may extend the time for correction or abatement of any violation for an additional period, not to exceed 30 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 90 days beyond the expiration date of the original notice.
(G) Noncompliance with notice. Whenever the owner, agent, occupant or operator of a structure or premises fails, neglects or refuses to comply with any notice of the Property Maintenance Officer that becomes a final order, the Property Maintenance Officer may advise the Director of Law of such circumstances and request him or her to institute an appropriate legal action to compel compliance.
(H) Referral of violations. Any violation of any ordinance other than this code, discovered by the Property Maintenance Officer or his or her representative, shall be reported to the official or agency responsible for the enforcement of such ordinance.
(`82 Code, § 1426.12) (Ord. 85-30, passed 5-21-85)