§ 905.12. Notice of violation.

(A)

Issuance of Notice of Violation. Whenever the director, or the director of the department of development, determines, or has reasonable grounds to believe, that there exists a condition that violates any provisions or requirements set forth within this chapter, they may issue a notice setting forth the alleged violations and advising the abutting property owner or person having charge that such violations must be corrected.

(B)

Content of Notice of Violation.

(1)

All notices of violation, except emergency orders, shall be in writing and shall be served on the abutting owner from whom action, forbearance or compliance is required;

(2)

All notices of violation shall identify the sections of this chapter to which the order applies;

(3)

All notices of violation shall provide a description of the premises where the violations are alleged to exist or to have been committed;

(4)

All notices of violation shall specify a thirty-day time frame for compliance with the order, except in the case of an emergency order, as described in Section 905.13;

(5)

All notices of violation shall advise the abutting property owner or person having charge of the right to appeal, within fifteen (15) days of receipt of notice;

(6)

All notices of violation shall advise the owner or person having charge that if the order is not complied with by the time specified for compliance, the director may initiate a civil and/or criminal complaint against the owner or person having charge; and/or the director may, by city personnel or private contractor, cause the violations to be corrected with the cost of such correction to be charged as a lien upon the real estate;

(C)

Service of Notice of Violation. A notice of violation shall be served upon the abutting owner or any person from whom action, forbearance or compliance is required. Such notice shall be served by any one (1) of the following methods:

(1)

Personal service; or

(2)

Certified mail; or

(3)

Publication in a newspaper of general circulation in the county; or

(4)

Regular mail service to an address that is reasonably believed to be:

(a)

A place of residence of the owner, or

(b)

A location at which the owner regularly receives mail; or

(5)

Posting the notice of violation on the abutting property, except that if the structure or abutting property is vacant, then the notice shall be posted on the structure or premise and one (1) of the above methods of service shall also be used.

(D)

When the notice of violation has been properly serviced, the order shall be effective as to anyone having any interest in the premises whether recorded or not at the time the order was issued, and shall be effective against any subsequent owner of the premises as long as the violation exists and there remains a city record of the order in a public file maintained by the director;

(E)

Written or oral acknowledgment by the owner of receipt of a notice of violation shall be evidence that the owner received the notice of violation. An appeal of the notice of violation by the abutting owner pursuant to Section 905.14 shall constitute evidence of written acknowledgment by the owner of service of notice of violation.

(Ord. 588-06 § 2 (part); Ord. No. 0128-2009, § 1, 2-9-2009)