Whenever the Administrator determines that any occupancy or any dwelling unit, accessory structure, or other portion of residential premises is in violation of this chapter, shall so notify the owner and/or occupant in writing, and order appropriate corrective action.
(A) Contents of order. The order to take corrective action(s) shall include the following information:
(1) A description of the premises sufficient for identification;
(2) A statement indicating the nature of the violation;
(3) A statement of the remedial action (repairs, reduced number of occupants, and the like) necessary to effect compliance;
(4) The date by which the violation must be corrected; and
(5) Statement that if the violation is not corrected or if the order is not appealed within five days, the occupancy permit may be revoked, a citation issued, and/or the property may be declared unfit for human habitation with attendant consequences.
(B) Service of order. The corrective action order shall be deemed properly served upon the owner, agent, or occupant if it is:
(1) Served upon him or her personally;
(2) Sent by registered mail to his or her last known address; or if division (B)(1) or (B)(2) are impossible or refused; or
(3) Posted in a conspicuous place on or about the dwelling or premises.
(C) Transfer of ownership prohibited. It shall be unlawful for the owner of any dwelling who has been served a corrective action order to sell, transfer, mortgage, lease, or otherwise dispose of the dwelling or its ownership interest until he or she has either:
(1) Effective compliance with the provisions of this code; or
(2) Furnished the grantee, transferee, mortgagee, or lessee a true copy of the corrective action order, and has given the Administrator a signed and notarized statement from said grantee, transferee, mortgagee, or lessee that acknowledges receipt of such corrective action order and unconditionally accepts responsibility for making the required repairs.
(D) Access by owner or operator. The occupant(s) of every dwelling unit shall give the owner or operator, or his or her agent or employee, free access thereto at any reasonable time in order to allow him or her to make any inspection, alteration, maintenance, or repair necessary to effect compliance with this chapter.
(E) Illegal occupation. It is unlawful for any person to occupy or let or hold out to another for occupancy any dwelling unit for the purpose of living therein, where such dwelling unit does not comply with the steps required by the corrective action order.
(Prior Code, § 157.038) (Ord. 19-15, passed 10-21-2019) Penalty, see § 157.99