1319.13 INSPECTION, ENFORCEMENT AND APPEAL.
(a) The Commissioner of Building shall biennially inspect the exterior and interior of all commercial properties, and shall conduct such additional inspections as may be deemed necessary, or as may otherwise be required pursuant to the City Building Code. Such additional inspections may include, but not be limited to, inspections of the exterior or interior of commercial properties upon complaint, or in connection with the issuance of a commercial occupancy permit as required pursuant to Chapter 1317. The provisions of this chapter shall apply to all such inspections of commercial property, and such inspections shall be conducted in conformance with Section 1307.01.
(b) The Commissioner of Building shall give written notice of any violations of this chapter, either by hand or by certified mail, at the last known address to the owner, occupant, operator or resident agent of the commercial property. Such notice of violation shall include an order to remedy such violation with any necessary instructions and deadlines. A deadline for remedying a violation shall be no earlier than ten days from the date of the notice, except in the case of an emergency or hazard, as described in subsection (j) hereof.
(c) The Commissioner of Building may reinspect a commercial property from time to time so as to determine the status of any violation. Upon the written request of the noticed person stating that a violation has been corrected, the Commissioner of Building shall reinspect the property and shall notify the owner of the result of the reinspection.
(d) The owner, occupant, or operator ("the appellant") may appeal the notice of violation by filing a written notice of appeal with the Commissioner of Building, no later than ten days after the date of such notice. The notice of appeal shall include the complete name, address and telephone number of the appellant, the date and description of the alleged violation, and statement of the grounds of appeal. Upon receipt of the notice of appeal, the Commissioner of Building shall schedule a hearing to take place no later than thirty days after receipt of the notice of appeal. The Commissioner of Building shall notify the appellant in writing of the hearing date. The Commissioner of Building shall hear evidence and argument regarding the appeal and shall thereafter render a decision and so notify the appellant.
(e) The appellant may appeal the decision of the Commissioner of Building to the Maintenance Review Board by filing a written notice of appeal no later than ten days after the date of the decision of the Commissioner of Building. The notice of appeal shall include the complete name, address and telephone number of the appellant, the date of the decision by the Commissioner of Building and a statement of the grounds for the appeal. The notice of appeal shall be delivered to the Commissioner of Building. Upon receipt of the notice of appeal, the Commissioner of Building shall schedule a hearing before the Maintenance Review Board not later than sixty days after receipt of the notice of appeal. The Commissioner of Building shall provide written notice of the date and location of the hearing to the appellant. The Maintenance Review Board shall hear all evidence and argument relating to the alleged violation and appeal. The Board may continue the hearing from time to time upon agreement of the parties or for just cause.
(f) Failure to comply with the procedures set forth herein shall constitute a waiver of the right to appeal.
(g) The Maintenance Review Board shall consist of the Board of Housing Code Appeals as defined in Section 1407.03 of the Housing Code. A quorum for the purpose of conducting a hearing shall consist of not less than three of the members of the Maintenance Review Board.
(h) Upon the failure to file a timely appeal, or upon the final decision of the Maintenance Review Board adverse to the appellant, as the case may be, the matter shall be referred to the Director of Law for the purpose of prosecution and/or civil remedies, as may be appropriate, as determined by the Director of Law.
(j) The Commissioner of Building may, upon a finding that a commercial property is or will become a hazard to the health, safety or welfare of its occupants, or the public, order the vacation of said property until the hazard is removed, upon notice as provided in this chapter, except that notice of less than ten days shall be permitted.
(Ord. 99-42. Enacted 4-26-99; Ord. 13-114. Enacted 12-16-13.)
(Ord. 99-42. Enacted 4-26-99; Ord. 13-114. Enacted 12-16-13.)