(a) Notice to Owner or 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 1341.12, 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.
(b) 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 the Property Maintenance Appeals Board. (Ord. 10-87. Passed 4-6-87.)
(c) Such notice shall be deemed to be properly served on the owner or the occupant or any person, firm or corporation having the care of or in charge of any lot, parcel or land within the City if the notice or a copy thereof is served by one, or more, of the following methods:
(1) Delivered personally; or
(2) Sent by certified mail, return receipt requested; or
(3) Posting of such notice in a prominent place on the property where the violation exists.
(Ord. 22-05. Passed 6-6-05.)
(d) 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 noncompliance shall be stated. Owners or persons responsible for compliance shall vacate at the time set for correction of defects if there is a failure of compliance.
(e) Citation Tags. The enforcement officer is authorized and directed to provide citation tags which shall be used for the purpose of giving due notice and summons to the person or persons responsible for violations of this Property Maintenance Code.
(1) Such citation tags shall be put in writing on an appropriate form, state the nature of the violation, refer to the section or sections of the Code violated, and state the appropriate assessment or penalty therefore.
(2) Such person or persons, when a citation tag as herein provided is served to him, shall appear at the place or places designated upon such tag and shall pay the assessment for the violation noted on the citation.
(3) Upon payment of the assessment as provided within the time limit provided herein, no further action will be taken to prosecute the violation noted on the citation, provided remedial action, if necessary, is taken.
(4) The citation tag as herein provided, shall be sufficient notice, summons, and legal service thereof for the purpose specified thereon; provided, however, that the use of such tags shall not prohibit the issuance of either additional citation tags or a legal notice of violation as provided herein, in the event such violation is continued or repeated.
(Ord. 10-87. Passed 4-6-87.)
(f) Citation Tag Assessment. When a violation citation tag has been issued pursuant to subsection (e) hereof, an amount of seventy-five dollars ($75.00) is hereby assessed upon the violator. If the assessment is paid within the seventy-two hour period immediately following the issuance of the citation tag, all seventy-five dollar ($75.00) assessments are reduced to fifty dollars ($50.00), subject to additional citations and assessment, however, no reduction of the assessment shall occur without the violation being brought into compliance. Assessments shall be collected by the appropriately designated authority. Failure to pay the assessment within a period of thirty days after the date of service of the citation tag, shall constitute a minor misdemeanor, punishable as provided in subsection (g) hereof. Assessments may also be attached to the personal property taxes for the property in question.
(Ord. 11-95. Passed 10-2-95.)
(g) Penalty. Violation of any provision of this Code or any amendment or supplement thereto or failure to comply with any of the requirements of this Code shall constitute a misdemeanor. Upon conviction, any person, firm, or corporation shall be punished as provided in Section 1341.99. Each day such violation continues shall be considered a separate offense.
(Ord. 10-87. Passed 4-6-87.)