(a) Whenever the HIP Inspector determines that there has been a violation of any of the provisions of this Chapter, he shall give notice of the violation to the person responsible therefore and order compliance, as herein provided. The notice and order shall:
(1) Be put in writing on an appropriate form as the Department of Building, Planning and Development shall determine;
(2) Include a list of violations, refer to the sections and divisions violated and order remedial action which will effect compliance with the provisions of this Chapter;
(3) Specify a reasonable time within which to comply; and
(4) Be served on the operator, owner or occupant, personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified or regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address or the building affected.
(b) Whenever a person violates or fails to comply with any of the provisions of this Chapter, the Building Code Official shall have the authority to impose an administrative penalty. The Building Code Official shall consider the following criteria in assessing an administrative penalty:
(1) The extent to which the person has benefited by the violation of this Chapter;
(2) The degree of harm to the public health, safety, welfare and aesthetics as a result of the violation of this Chapter;
(3) The recidivism of the person, including previous notices and orders to comply and previous enforcement action;
(4) Good faith efforts of the person to remedy the violation of this Chapter; and
(5) The duration of the violation after a notice and order to comply was served pursuant to this section.
(c) The imposition of an administrative penalty shall be accomplished only after a notice and order is provided to the occupant, operator or owner. Notice of a decision imposing an administrative penalty shall:
(1) Be put in writing on an appropriate form as the Department of Building, Planning and Development shall determine;
(2) State the basis for the administrative penalty, including the section of this Chapter that has been violated;
(3) Specify the date and manner by which the penalty must be paid; and
(4) Be served on the occupant, operator or owner personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified or regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address or the dwelling affected.
(d) Notice to Owner or to Person or Persons Responsible. Whenever the code official determines that there has been a violation of this code or has reasonable grounds to believe that a violation has occurred, or whenever he has condemned any structure or equipment under the provisions of Section 1335.06, he shall give notice to the owner or the person or persons responsible therefore in the manner prescribed below. If he has condemned the property or part thereof, he shall give notice to the owner and to the occupants of his intent to placard and to vacate the property or to order equipment out of service.
(e) Form. Such notice prescribed in subsection (a) hereof shall:
(1) Be in writing,
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the reason or reasons why it is being issued;
(4) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code; and
(5) Include an explanation of the owner's right to seek modification or withdrawal of the notice by petition to an appeals board or appropriate review board. (Ord. 23-2011. Passed 4-21-11.)
(f) Service. Such service shall be deemed to be properly served upon such owner if a copy thereof is delivered to him personally; or by leaving the notice at the ususal place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; or by certified or registered mail addressed to the owner at his last known address with return receipt requested; or if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place in or about the structure affected by such notice. (Ord. 31-2016. Passed 12-15-16.)
(g) Service on Occupant. When a condemnation order is served on an occupant other than the owner or person responsible for such compliance, a reasonable time to vacate the property after non-compliance shall be stated. Owners or persons responsible for compliance shall vacate at the time set for correction of defects if there is failure of compliance.
(h) Penalties. Penalties for noncompliance of orders and notices shall be subject to the penalties set forth in Section 1335.10.
(i) Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(Ord. 23-2011. Passed 4-21-11.)