(A) Where, in the course of the inspection required under this chapter, violations are discovered on the premise which do not affect the habitability or safety of a rental dwelling, such violations shall be cited in accordance with the administrative provisions of the applicable code or ordinance. Such violations shall not be construed as grounds to withhold or revoke the certificate of use and occupancy.
(B) (1) Where conditions exist which affect the habitability of the dwelling, but which do not pose an imminent hazard to the occupants, a certificate of use and occupancy shall be issued along with a notice of violation. The notice of violation shall be in writing, shall be served to the owner or agent, shall contain a description of the property sufficient for identification and shall include:
(a) A statement of the reasons for which it was issued;
(b) A correction order specifying repairs to be made;
(c) A reasonable time in which repairs are to be completed; and
(d) A statement of the owner’s right to appeal.
(2) The owner shall, within the time period specified in the notice of violation, correct all deficiencies cited in violation of the state’s Building Code and the city code. The certificate of use and occupancy shall be revoked and a notice to vacate issued if the dwelling is not in compliance within the time specified in the notice of violation. However, the Code Official, may upon written request, extend the period for compliance where the work has been delayed despite good faith efforts to comply and where such extensions present no immediate threat to the health or safety of the occupants of the dwelling unit or other units or properties. A notice of violation shall not be construed to verify substandard housing, except where conditions exist which require the vacation of the dwelling or dwelling unit.
(C) Where violations are found which, in the judgment of the Code Official, are sufficient to withhold or revoke the certificate of use and occupancy, the Code Official shall issue a notice to vacate. The notice to vacate:
(1) Shall be in writing,
(2) Shall be served to the owner or agent,
(3) Shall contain a description of the property sufficient for identification and shall include a statement of the reasons for which it was issued;
(5) Shall include a copy of any relevant notices of violation; and
(6) Shall include a statement of the owner’s right to appeal.
(D) Nothing in this chapter shall be construed to prevent the Code Official from ordering the immediate vacation of any dwelling or dwelling unit where violations are discovered which pose an imminent threat to the health or safety of the occupants. Appeal shall not stay an order to vacate under such conditions.
(E) Occupancy of any rental dwelling unit in violation of a notice to vacate shall subject the owner/agent and the occupants to penalties prescribed in § 152.99 of this chapter.
(Prior Code, § 1767.10) (Ord. passed 6-11-2001)