31.20(A) Written Notice. If a violation of the
is alleged to exist, the
shall, except as provided in subsections 31.20(B) and 31.20(C) below, provide written notice to the alleged
of the violation and afford that a reasonable time, in light of the nature of the violation, to correct it. Should the violation continue beyond the time specified for correction, the
shall notify the Clerk, who shall schedule a hearing before a . The
, Clerk, or other designated by the shall provide written notice of the hearing, by hand delivery or certified mail, return receipt requested, to the alleged
. At the option of the , notice may additionally be served by publication or posting.
31.20(B) Serious threat to public. If the
has reason to believe a violation presents a serious threat to the public health, safety or welfare, the
may proceed directly to a hearing, upon approval of the without notifying the alleged
. However, where possible, the
shall use his or her best efforts to ensure that reasonable notice shall be given to the alleged
.
31.20(C) Repeat violation. If a
finds a repeat violation, the shall notify the alleged
, but is not required to give the alleged
a reasonable time to correct the repeat violation. Upon notifying the alleged
, the
shall notify the Clerk, who shall schedule a hearing before a e and provide notice to the alleged
. The case may be presented to the , even if the repeat violation has been corrected prior to the hearing, and the notice shall so state.
31.20(D) Transfer of ownership. If the
of property that is subject to an enforcement proceeding pursuant to this Chapter transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such
shall:
31.20(D)(1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee;
31.20(D)(2) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor;
31.20(D)(3) Disclose, in writing, to the prospective transferee that the new
will be responsible for compliance with the
and with orders issued in the code enforcement proceeding; and
31.20(D)(4) File a notice with the
Clerk of the transfer of the property, with the identity and address of the new
and copies of the disclosures made to the new
, within five days after the date of the transfer.
31.20(E) Rebuttable presumption. A failure to make the disclosures described in subsection 31.20(D)(1), 31.20(D)(2), and 31.20(D)(3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new
shall be provided a reasonable period of time to correct the violation before the hearing is held.
(Ord. 2010-10, passed 10-4-2010)