The Director is hereby authorized and directed
to make inspections to determine the condition of structures and premises
in order that he or she may perform the duty of safeguarding the health,
safety and welfare of the occupants of the structures and of the general
public. For the purpose of making such inspections, the Director is
hereby authorized to enter, examine and survey at all reasonable times
all structures and premises. In the event that entry is denied or
resisted, an order to examine, inspect and survey may be obtained
from a court of competent jurisdiction.
The owner, operator or occupant of every structure,
or the person in charge thereof, shall give the Director free access
to such structure at all reasonable times for the purpose of such
inspection, examination and survey. Every occupant of the structure
shall give the owner or operator thereof, or any person designated
by the owner or operator, access to any part of such structure at
all reasonable times for the purpose of examination and for making
such repairs or alterations as are necessary to effect compliance
with the provisions of this chapter or with any rule or regulation
adopted pursuant thereto or with any notice of violation or order
issued pursuant to the provisions of this chapter.
A.
Whenever the Director determines that there are reasonable
grounds to believe that there is a violation of any provision of this
chapter or of any rule or regulation adopted pursuant thereto, he
or she shall give notice of such alleged violation to the person responsible
therefor, as hereinafter provided. Such notice shall be in writing
and shall specify the alleged violation and a reasonable time to correct
it and shall be served upon the owner, operator or the occupant, as
the case may require.
B.
Such notice of violation shall be deemed to be properly
served upon such owner, operator or occupant if:
(1)
A copy thereof is served upon him or her personally;
(2)
A copy thereof is sent by registered or certified
mail, return receipt requested, to the last known address of such
person;
(3)
A copy thereof is posted in a conspicuous place in
or about the structure affected by the notice; or
(4)
The responsible person is served with such notice
by any other method now or hereafter authorized under the laws of
this state.
C.
The notice of violation shall inform the person to whom it is directed of his or her right to apply for a hearing before the Director, and the procedure by which application for such hearing can be made as provided in § 288-18 of this chapter.
D.
Written entry of appearance or presence at such hearing
shall fulfill the requirements for service of the notice of violation.
Any notice of violation as provided in § 288-14 of this chapter shall automatically become a compliance order if written request for a hearing is not filed in the office of the Director within 10 days after the service of the notice. A copy of the compliance order shall be served in the manner provided in § 288-14 of this chapter and shall inform the person to whom it is directed of his or her right of appeal to the Housing Board of Review, and the procedure by which application for such appeal can be made as provided in Article V of this chapter. Written entry of appearance or presence at a hearing in connection with a notice of violation shall not fulfill the requirements for service of a compliance order.
A.
Whenever the Director at any stage of any proceedings instituted under the provisions of this chapter finds that there exists a violation of this chapter which in his or her opinion requires immediate action to abate a direct hazard, or causes immediate peril to the health, safety or welfare of the occupants of a structure or of the public, he or she may, without prior notice of violation or hearing, issue an immediate compliance order reciting the existence of such violation and requiring that such action be taken as he or she deems necessary to alleviate the violation, which may include an order to vacate, as provided in § 288-27 of this chapter.
B.
Notwithstanding the other provisions of this chapter, the immediate compliance order shall be effective immediately upon its service or in such time as the Director shall, under the circumstances, deem reasonable, necessary and proper, and any person upon whom an immediate compliance order is served shall comply therewith immediately or otherwise as such order may specify. Such persons shall have the right to appeal to the Housing Board of Review as provided in Article V of this chapter and such appeal shall be given priority and conducted as soon as possible and as provided for in Article V.
A.
Whenever any violation of this chapter which in the opinion of the Director causes a direct hazard or immediate peril to the health, safety or welfare of the occupants of a structure or of the public has not been corrected in the time specified by the immediate compliance order, he or she may, subject to the provisions of § 288-16 of this chapter, take such direct action as is necessary to alleviate the violation causing the direct hazard or immediate peril. When certified by the Director, the costs incurred in the execution of the immediate compliance order shall be paid out of the City treasury, from funds made available for such purposes to the Director.
B.
The owner, operator or occupant of the structure who is responsible for immediate compliance shall be served a notice stating the amount of expenses incurred by the Director in executing the immediate compliance order. Such notice shall be served in the manner provided in § 288-14 of this chapter.
C.
These expenses shall be paid for by the responsible
person on whom the notice is served, and unless the expenses are paid
within 30 days after such notice is served, the Director shall certify
the expenses to the City Solicitor who shall place a lien against
the real property and such lien shall be enforced in the manner provided
or authorized by law for the enforcement of common law liens on personal
property. Such lien shall be recorded. In every case, certified expenses
shall be the costs necessary to perform the required work as expeditiously
as possible, together with a ten-percent service charge in addition
thereto.
Any person affected by any notice of violation
which has been issued in connection with the enforcement of any provision
of this chapter or any rule or regulation adopted pursuant thereto
may request and shall be granted a hearing before the Director after
such person shall file in the office of the Director a written request
for such hearing, setting forth a brief statement of the grounds therefor,
designating the person and his or her address upon whom any notices
and orders may be served and why such enforcement or compliance should
not be effected. If this request is filed within 10 days after the
service of the notice of violation, compliance with the notice shall
not be required while the hearing is pending. On receipt of such request,
the Director shall set a time and place for such hearing and shall
give the applicant at least five days written notice thereof. At such
hearing the applicant shall be given an opportunity to show cause
why such notice of violation should be modified or withdrawn.
After a hearing held in accordance with the provisions of § 288-18 of this chapter and on consideration of the evidence presented, the Director shall sustain, modify or withdraw the notice. If the Director, by his or her decision, sustains or modifies the notice, such decision shall be deemed a compliance order. Compliance orders shall be served on the person whom the Director shall find to be responsible for the violation and in the manner provided by § 288-15 of this chapter.
The Director shall keep a record of the hearing
which shall include a copy of the notice of violation, the request
for hearing, entries of appearance, findings of fact, if any, the
decision of the Director and a copy of any compliance order issued
in connection therewith, and such record shall be maintained as a
public record.
At the end of the time period specified in the
compliance order or any extension thereof, it shall be the duty of
the Director to make a reinspection of the structure or premises,
and if the order has not been complied with, the Director shall institute
proper legal action or make such further orders as the case may require.
Any owner of a structure receiving a notice
of violation or a compliance order stating that such structure or
premises does not comply with the provisions of this chapter or of
the rules and regulations adopted pursuant thereto may demolish such
building, and such action shall be deemed compliance, except that
any resulting holes shall be filled to grade.
It shall be unlawful for the owner of any structure
upon whom a notice of violation or compliance order has been served
to sell, transfer, mortgage, lease or otherwise dispose thereof to
another until the provisions of the notice of violation or compliance
order have been complied with, or until such owner shall first furnish
to the grantee, lessee or mortgagee prior to such transfer, lease
or mortgage a true copy of any notice of violation or compliance order
issued by the Director, and at the same time notify the Director in
writing of the intent to transfer, lease or mortgage either by delivering
said notice of intent to the Director and receiving a receipt therefor
or by registered or certified mail, return receipt requested, giving
the name and address of the person to whom the transfer, lease or
mortgage is proposed. A transferee, lessee or mortgagee who has received
actual or constructive notice of the existence of a notice of violation
or compliance order shall be bound by such notice or order as of the
date of such transfer, lease or mortgage without service of further
notice upon him.
Whenever a notice of violation or a compliance
order has been issued for a violation of this chapter or any rule
or regulation adopted pursuant thereto, the Director may file in the
office of the Recorder of Deeds a copy of the notice or order. Such
notice or order shall be recorded in the same manner as lis pendens
notices, and such recording shall be constructive notice to any purchaser
or encumbrancer of the real property affected thereby. Notwithstanding
any other provisions of this chapter, any person purchasing or otherwise
acquiring any interest in any real property and having actual or constructive
notice of any proceedings instituted under the provisions of this
chapter shall be immediately subject to and bound by any such proceedings
and to any compliance order entered with respect to the real property.
