(a) Whenever the owner, agent, occupant or operator of a structure or premises fails, neglects or refuses to comply with any notice of the Building Commissioner, the Building Commissioner may issue a notice to such owner, agent, occupant or operator ordering the structure or premises, or part thereof, to be vacated within such time as shall be stated in such notice, but which shall be not less than 15 days, except in cases of emergency, or he or she may advise the Director of Law of the circumstances and request the Director of Law to institute an appropriate action at law to compel compliance, or both. Such notice shall be delivered, mailed or posted in the same manner as provided in Section 1474.03.
(b) Whenever the owner, agent, operator or occupant of a structure or premises fails, neglects or refuses to comply with a notice to vacate issued by the Building Commissioner, the Building Commissioner may enforce the order of such notice of vacation and cause the structure or premises, or part thereof, to be vacated in accordance with the terms of such notice.
(c) Whenever the owner, agent or operator of a structure fails, neglects or refuses to comply with a notice to demolish such structure, or a part thereof, or a secondary or appurtenant structure, issued in accordance with the provisions of this Housing Code, and when such structure is determined by the Building Commissioner to constitute a public nuisance in that it is dangerous or injurious to the public health, safety or welfare, the Building Commissioner may request the Director of Law to institute legal proceedings or to take such other action as may be necessary to abate the nuisance. The Building Commissioner shall further give notice informing the owner, agent, or operator of such determination and action. Such notice shall be given in the same manner as provided in Section 1474.03.
(Ord. 66-93. Passed 1-16-1967.)
(d) (1) The owner or owners of any such property to which such an order or notice to repair, improve, remove, demolish or vacate has been issued shall not sell or enter into an agreement to sell, rent or lease such property unless all violations cited against such property have been corrected and written approval of such corrections received by the property owner from the Commissioner of Buildings. It shall be an affirmative defense to any misdemeanor charge brought pursuant to this section if the person charged provides to the court the requisite proof that prior to transfer of title the purchaser, renter or lessor signed and provided to the person cited as responsible for correction of such cited violations a written statement assuming responsibility for correction thereof and specifically listing:
A. The nature of each violation; and
B. The deadline set for correction by the Division of Building Engineering and Inspection.
(2) In the absence of full compliance with the order to repair and where an agreement of assumption as set forth herein fully executed by all parties cannot be produced, the owner or owners of the property against which an order or notice has been issued pursuant to this Code shall be deemed to have committed a separate violation of division (d)(1) hereof on each day on which uncorrected violations continue to exist and on which no written statement assuming responsibility has been signed.
(3) No person shall place on a statement of assumption of responsibility a date earlier than the actual date of signature.
(4) Any person transferring property in violation of division (d)(1) hereof shall be deemed to have warranted to the transferee that no violations of the ordinances of the City exist with regard to such property, on which a citation has previously been issued or other form of notice or order to repair has been given.
(e) In the event that legal proceedings are initiated pursuant to this section for noncompliance with any notice of the Building Commissioner issued pursuant to this Housing Code and the owner, agent, occupant or operator fail to appear or service is otherwise not perfected in said legal proceedings, the court costs advanced by the City, plus a penalty of 5%, shall be charged to the owner of the property affected, payable within ten days from the date of mailing the bill to the premises. In default of payment, the owner shall be assessed court costs advanced by the City with 6% interest and the total bill shall be certified to the County Fiscal Officer for collection in the same manner as other taxes and assessments are assessed and collected. In computing cost, as to be certified to the County Fiscal Officer, there shall be added 15% as a reasonable overhead cost. Assessments against more than one parcel of real property and separate owners may be combined in one assessing ordinance.
(1982 Code, § 1375.04) (Ord. 79-23. Passed 12-17-1979; Ord. 2012-74. Passed 12-3-2012.)