(a) Whenever the Building Official determines that there is a violation of any provision of this chapter or of any rule or regulation adopted pursuant hereto, he or she shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
(1) Be put in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Allow a reasonable time for the performance of any act it requires;
(4) Include a copy of this section;
(5) Be served upon the owner or operator, or his or her agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner, operator, agent or occupant if a copy thereof is served upon him or her personally, if a copy thereof is sent by registered mail to his or her last known address, if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if he or she is served with such notice by any other method authorized or required under the laws of the State.
Such notice may contain an outline of remedial action, which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant hereto.
(b) Any person affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter, or of any rule or regulation adopted pursuant hereto, may request and shall be granted a hearing on the matter before the Building Official, provided that such person files in the office of the Building Official a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within fifteen days after the day the notice was served.
Upon receipt of such petition, the Building Official shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced at least fifteen days and not longer than thirty days after the day on which the petition was filed.
(c) After such hearing the Building Official shall sustain, modify or withdraw the notice, depending upon his or her finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant hereto have been complied with. If the Building Official sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to subsection (a) hereof shall automatically become an order if a written petition for a hearing is not filed in the office of the Building Official within fifteen days after such notice is served.
(d) The proceedings at such hearing, including the findings and decisions of the Building Official, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Building Official. Such record shall also include a copy of every notice or order issued in connection with the matter.
(e) Any person against whom an order is made by the Building Official may, within ten days after the date of issuance of such order, file an application to Council for modification of such order. Council may, after investigation, affirm, modify or reverse the order issued by the Building Official. Notwithstanding the provisions of this section, prosecution for violations of this chapter or orders of the Building Official may be made as provided in Section 1490.99.
(f) Whenever the Building Official finds that an emergency exists which requires immediate action to protect the public health or safety, he or she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he or she deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon petition to the Building Official, shall be afforded a hearing as soon as possible. After such hearing, depending upon his or her findings as to whether the provisions of this chapter and of the rules and regulations adopted pursuant hereto have been complied with, the Building Official shall continue such order in effect or modify or revoke it.
(Ord. 1966-4. Passed 9-13-66.)