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Whenever the Health Commissioner determines that there has been a violation of any provision of this Chapter, except where a violation citation tag has been issued pursuant to Section 929.13, he, or a law enforcement officer having jurisdiction, may give notice of such violation to the person responsible therefor and order compliance with this Chapter as hereinafter provided. Such notice and order shall:
(a) Be put in writing on an appropriate form;
(b) Include a list of violations, refer to the section or sections of this Chapter violated and order remedial action which, if taken, will effect compliance with the provisions of this Chapter;
(c) Specify a reasonable time for performance;
(d) Advise the owner, operator or occupant of the procedure for appeal, except emergency orders issued pursuant to Section 929.10;
(e) Be served on the owner or occupant in person. However, this notice and order shall be deemed to be properly served upon the owner or occupant if a copy thereof is sent by registered or certified mail to his last known mailing address, residence, or place of business, and a copy is posted in a conspicuous place in or on the property affected. If a registered or certified mail envelope is returned with an endorsement showing that service was refused, the notice may be served by ordinary mail to his last known mailing address, residence, or place of business. The mailing shall be evidenced by a certificate of mailing, and service shall be deemed complete on the date of mailing. If the registered or certified mail envelope is returned with an endorsement showing that service was unclaimed, the notice may be served by ordinary mail to his last known mailing address, residence or place of business. The mailing shall be evidenced by a certificate of mailing, and service shall be deemed complete on the date of mailing; provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery.
(1) The notice and order may, in the alternative, be served by leaving it at his last known residence or place of business in the presence of a family member or other responsible person of suitable age and discretion who shall be informed of the general nature of the contents thereof.
(2) If service is not accomplished by any of the above means, then a notification of the existence of the notice and order may be published at least once in a local newspaper of general circulation.
(Ord. 99-52. Passed 2-16-99.)