(a) The Director of Public Service shall oversee and assign the duties of administering and enforcing this Code to the Enforcement Officer.
(b) Inspections. In response to resident complaints and/or apparent violations observed by the Enforcement Officer, the Enforcement Officer will attempt to contact the property owner for the purposes of scheduling a mutually agreeable time to inspect the property. In the absence of such an agreement, the Enforcement Officer is authorized to make inspections at reasonable times of building exteriors and premises located within the City of Tallmadge for purposes of enforcing the provisions of this Property Maintenance Code. For the purpose of making such inspections, and upon showing appropriate identification, the Enforcement Officer is authorized to enter upon, examine, and survey during regular weekly business hours all residential, commercial, and industrial property in the City of Tallmadge.
(c) Modifications. When there are practical difficulties involved in carrying out the provisions of this code, the Enforcement Officer, subject to the approval of the Director of Public Service, shall have the authority to grant modifications for individual cases, provided the Enforcement Officer shall first find that special individual reason makes the strict letter of this code impractical and the modification complies with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of any action granting modifications shall be recorded and entered in the department files.
(d) Notice of Violation. When the Enforcement Officer determines that there is a violation of the provisions of this Code, he may give notice of such violation to the owner and order compliance. Such notice and order shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the violation(s) and the reason for issuing the notice.
(4) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the property into compliance with the provisions of this Code;
(5) State the right of the violator to file an appeal of the notice within fourteen days of receipt of the notice; and
(6) State that if no acknowledgment by the property owner is received upon the fourteenth day of delivery of the notification, and the violation is not corrected within the reasonable time stated in the violation, a citation to court may be issued.
(e) Service. A notice of violation shall be deemed to be properly served if one or more of the following methods are used:
(1) By personal delivery to the owner or occupant of the premises or by leaving the notice at the premises with a person of suitable age and discretion; or
(2) By certified mail deposited in the United States Post Office addressed to the person or persons responsible at his/their last known address, with return receipt requested. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Enforcement Officer. Service shall be deemed complete when the fact of mailing is entered of record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or
(3) By posting a copy of the notice form in a conspicuous place on the premises found in violation and publishing a legal notice in a newspaper of general circulation in the City of Tallmadge. The legal notice shall identify the owners of the property, the last address, if known, of the owners, and parcel identification, the location and nature of the violation.
(Ord. 24-2006. Passed 3-23-06.)