Whenever the Health Officer determines that any dwelling, dwelling
unit or rooming unit, or the premises surrounding any of these, fails
to meet the requirements set forth in this chapter or in applicable
rules and regulations issued pursuant thereto, he shall issue a notice
setting forth the alleged failures and advising the owner, occupant,
operator or agent that such failures must be corrected. This notice
shall:
B. Set forth the alleged violations of this chapter or of applicable
rules and regulations issued pursuant thereto.
C. Describe the dwelling, dwelling unit or rooming unit where the violations
are alleged to exist or to have been committed.
D. Provide a reasonable time, not to exceed 60 days, for the correction
of any violation alleged.
E. Be served in one of the following ways:
(1) Upon the owner, occupant, operator or agent of the dwelling, dwelling
unit or rooming unit personally or by registered mail, return receipt
requested, addressed to the last known place of residence of the owner,
occupant, operator or agent. If one or more persons to whom such notice
is addressed cannot be found after diligent effort to do so, service
may be made upon such person or persons by posting a notice in or
about the dwelling, dwelling unit or rooming unit described in the
notice or by causing such notice to be published in a newspaper of
general circulation for a period of three consecutive days;
(2) Upon a resident agent for the receipt of such service of notice designated
pursuant to §
86-72; or
(3) Upon the Health Officer where he has been designated agent for such
service pursuant to §
86-71.
At the end of the period of time allowed for the correction
of any violation alleged, the Health Officer shall reinspect the dwelling,
dwelling unit or rooming unit described in the notice.
If upon reinspection the violations alleged are determined by
the Health Officer not to have been corrected, he shall issue a second
notice of violation, which shall constitute an order requiring that
the then-existing failures to meet the requirements of this chapter
or of applicable existing rules or regulations issued pursuant thereto
shall be corrected within a reasonable time allowed, but not to exceed
60 days after the date of such reinspection, if the person served
with such notice does not request a reconsideration or petition for
a hearing on the matter in the manner hereinafter provided.
The Health Officer shall cause a copy of the second notice to
be posted in a conspicuous place in or about the dwelling, dwelling
unit or rooming unit where the violations are alleged to exist, and
shall serve it in the manner provided in §
86-81A through
E.
The Health Officer, after the expiration of the time granted
the person served with such second notice to seek reconsideration
or a hearing in the manner hereinafter provided by this chapter, or
after a final decision adverse to such person served has been rendered
by the District Justice or by a court of competent jurisdiction to
which an appeal has been taken, shall cause the second notice to be
recorded in the office of the County Recorder of Deeds.
All subsequent transferees of the dwelling, dwelling unit or
rooming unit in connection with which a second notice has been so
recorded shall be deemed to have notice of the continuing existence
of the violations alleged and shall be liable to all penalties and
procedures provided by this chapter and by applicable rules and regulations
issued pursuant thereto to the same degree as was their transferor.