(a) Whenever the Building Director finds any building, structure or premises or any improved real estate, or any part thereof, to be in violation of the provisions of this Building Code, or finds work that should be authorized under a permit has been done, or is being done without a permit, the Building Director shall issue a written Notice of Violation ("NOV") to the owner, agent or operator of such building, work, structure or premises. As used in this section, "owner" includes a lessee or occupant that has retained an agent, operator or contractor to prosecute work subject to this Building Code. Such Notice of Violation shall:
(1) Identify the section of the Building Code of which the building, structure, or premises is in violation and the specific conditions that are the basis of the determination that a violation is occurring,
(2) Order the owner, agent, contractor and/or person in charge of the work, the building, structure or premises to obtain proper permits and/or bring the work, the building, structure or premises into compliance with the provisions of this Building Code,
(3) Specify a reasonable time in which to bring the building or the work into compliance with the Building Code, a minimum of fourteen (14) days,
(4) Advise the owner and/or person in control of the right to appeal the NOV to the Board of Zoning and Building Appeals,
(5) Advise the owner and/or person in control of the civil and criminal enforcement actions that may follow the failure to comply with an abatement order contained in an NOV.
Any person to whom an NOV is directed shall have standing to appeal the NOV to the Board of Zoning and Building Appeals pursuant to Chapter 1309 of these Ordinances.
(b) The NOV shall be served on the owner of the premises and on any of the owner's known agents, operators or contractors in control of the premises, the building or the affected work. Except as provided in Section 1311.04, the owner may be served by regular mail at the tax mailing address of the owner, and/or at the premises involved. Agents, operators, contractors or other persons in charge of the work may be given personal service, or may be served by regular mail at their last known business address. A contractor registered under Chapter 1307 of these Ordinances will be deemed served by regular mail at the business address on file with such registration. In addition, in all cases the NOV will be posted as close as possible to the main entrance of the premises. The inability to obtain service on one responsible party shall not affect the validity of service on other responsible parties.
(Ord. 2022-84. Passed 5-9-22.)