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(a) Where a violation of any provision of this Code is found to exist, the Village, through its Utica Police Department or the Office of the Village Administrator, shall cause a written notice of such violation to be served upon the owner, manager, occupant, or other person responsible for the correction thereof. The Notice shall specify the violation committed, and shall provide a reasonable period of time, at least ten (10) days but not more than thirty (30) days, to address, correct or abate the violation (other than notices for violation of 1325.14 (b) (1) in which only a 10 day period is given, and for motor vehicle violations as set forth below). There are two notices that are served upon the owner, manager, occupant, or other person responsible for the correction thereof; a first notice which shall be affected by publication as described in Section 1325.14 (b)(1)A. and a final notice.
(b) 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 the 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 Utica Police Department or the Office of the Village Administrator.
(3) By posting a copy of the Notice of Violation in a conspicuous place on the premises found in violation and publishing a legal notice in a newspaper of general circulation in the Municipality. The legal notice shall identify the owner of the property, the last address, if known, of the owners, the parcel identification, and the location and nature of the violation.
(c) When the violation involves a motor vehicle, a period of ten (10) days is considered a reasonable period of time to correct or abate the violation. The Notice shall state that, if the violation is not corrected or abated within the time allowed, the Utica Police Department or the Office of the Village Administrator may cause to have a motor vehicle impounded and all charges associated with the impound will be the owner's responsibility. (Refer to Utica Exterior Property Maintenance Code: Abatement Procedure for Motor Vehicle Nuisance).
(d) When the violation involves a motor vehicle, a copy of the Notice shall also be conspicuously affixed to the motor vehicle if the surrounding facts and circumstances make it practicable to do so.
(e) In the absence of an appeal, as provided below, the completion of the notice of violation and the execution of the failure to comply notice shall constitute a Final Notice as to administrative proceedings.
(Ord. 16-022. Passed 8-15-16.)