Sec. 38-54Notice of violations, etc

(a) Upon receipt of information that property, premises, buildings, systems, appliances, or equipment covered by this article are unsafe, or are otherwise in violation of the provisions of this article or other ordinances of the city relating to the condition of property and premises, the department shall cause to be made an inspection. If it is found that an unsafe condition exists, the department shall cause a written notice to be served as hereinafter provided.

(b) The notice shall include the following:

(1) An enumeration of conditions which the department has determined are in violation of this article.

(2) An enumeration of remedial action required for each determined violation.

(3) A specified period of time within which such remedial action shall be completed, such period of time for completion to be determined by the department as the period of time reasonably required under the known circumstances for the completion of the remedial action.

(4) A statement adequate to notify the person served that a failure to comply with the provisions of this article within the time specified in the notice is unlawful and the penalty for such failure.

(c) A copy of such notice shall be filed in the office of the director.

(d) Notice shall be deemed perfected if served upon the owner or occupant as may be appropriate in any of the following ways:

(1) In person.

(2) By certified mail with return receipt attached and posting a copy of the notice upon the property.

(e) Whenever the department determines that property, buildings, systems, appliances, or equipment, or any work in connection therewith that is covered by this article is being erected, installed, altered, repaired, stored, maintained, or demolished in violation of this article, the department shall serve a written notice or order upon the person responsible therefore directing the discontinuance of such illegal action and the remedying of the condition that is in violation.

(f) In case such notice or order is not complied with, the department may issue a citation for violation of this article or may request the city attorney or other proper prosecuting authority to institute an appropriate action or proceeding at law or in equity to correct or remove such violation, or restrain the execution of work thereon, or prevent the use of any building, system, appliance, or equipment in violation of this article or of any order or direction made pursuant thereto.

(g) A purchaser, transferee, lessee, or mortgagee who has actual or constructive knowledge of the issuance of a notice shall be bound by such notice as of the date of such sale, transfer, lease, or mortgage.

History: (Ord. No. 2004-13, § 1.23, 9-2-2004)