A.
Whenever the Department finds that there has been
a violation of any provisions of this chapter or of any rule or regulation
adopted pursuant thereto, the Department shall issue a violation notice
to the person or persons responsible. The Department shall also issue
a violation notice to the person or persons responsible for failure
to register ownership of premises, for furnishing of a false statement
or for interference with an inspector authorized to enter the premises
or when a structure or premises is found to be dangerous or unsafe.
B.
Once a violation is certified, it may be classified
as either nonhazardous, hazardous or imminently hazardous and be given
a specific time for correction based on the classification of the
violation certified.
Such notice shall:
A.
Be in writing.
B.
Identify the premises.
C.
Specify the code violation and remedial action to
be taken.
D.
Provide a reasonable time limit for compliance:
(1)
No more than 30 days from the date of mailing of the
notice in the case of nonhazardous violations.
(2)
Up to 15 days from the date of mailing of the notice
in the case of hazardous violations.
(3)
Forthwith, in the case of imminently hazardous conditions,
in which case notice shall be served by personal delivery.
E.
State the time within which an appeal may be made.
Notice of violation shall be served as follows:
A.
By personal service;
B.
By registered or certified mail to the person whose
name and address have been filed with the Department in accordance
with this chapter and, if desired, to the occupant of a copy of such
notice; or
C.
If the current name and address of the person upon
whom an order may be served are not on file, by posting a copy of
the notice in a conspicuous place on the premises and by mailing another
copy to the premises, addressed to the owner, lessor or their respective
agent.
If upon reinspection the alleged violation is
determined by the Enforcement Officer or the Assistant Enforcement
Officers not to have been corrected, a second notice of violation
may be issued requiring correction of the condition within a reasonable
time, depending on the seriousness of the violation. In addition,
the Enforcement Officer may require a meeting with the property owner
or violator if the condition is hazardous or imminently hazardous
to determine why the notice was not honored and/or to establish a
compliance schedule to assist in a tenant education program.
Any person affected by any notice which has
been issued in connection with the enforcement of any provision of
this chapter may request and shall be granted a hearing on the matter
before the Enforcement Officer, provided that such person shall file
a written request for such a hearing within 10 days after the service
of notice of violation. Compliance with the notice of violation shall
not be required while the hearing is pending. At such hearing, the
violator shall be given an opportunity to show cause why such notice
of violation should be modified or withdrawn. The Enforcement Officer
shall have the power to affirm, modify or revoke the violation notice
and may grant an extension of time for the performance of any act
required where there are practical difficulties or unreasonable hardships
which prevent immediate compliance.
Whenever a notice or order has been issued for
any infraction of this chapter, the Enforcement Officer or the Assistant
Enforcement Officers shall keep on file a copy of such notice or order
in the Department. This recording shall constitute notice of such
violation, infraction or order to any subsequent purchaser, transferee,
grantee, mortgagee or lessee of the property affected thereby.
