[Ord. No. 1341, 7-17-2002]
(a)
Scope. The provisions of this division shall identify the person
responsible for the maintenance of structures, and the equipment and
premises thereof.
(b)
Determination of person in violation. A person may be determined
to be in violation of this article if deemed to be a person responsible,
under the following subsections of this section, for a property which
is in violation of any of the provisions of this article.
(c)
Occupant. When it can be established to the satisfaction of the enforcing
officer that the occupant has caused, or permitted to occur, a circumstance
which results in a property being in violation of one or more of the
provisions of this article, that occupant shall be deemed the person
responsible for the property being in violation of this article. The
code official may use an applicable inventory checklist in making
a determination as to the responsible party.
(d)
Owner—generally. In all events where a circumstance exists
which results in the property being in violation of one or more provisions
of this article, the owner shall be deemed the person responsible
for the property being in violation of this article.
(e)
Additional responsibility. In any event where an occupant shall be
deemed the person responsible for the property being in violation
of this article, the enforcing officer shall promptly notify the owner
of the property of the determination of responsibility. The owner
shall cause the occupant to cure the violations of this article. In
the event the occupant shall fail to cure the violations of this article,
the owner may take such action as shall be permitted by state law.
If, within 30 days after being notified by the enforcing officer,
the owner has neither caused the occupant to cure the violations nor
commenced action to evict the occupant, the owner shall be deemed
the responsible person for the property being in violation of this
article. The fact that an owner becomes a person responsible for the
property being in violation of this article under this subsection
does not release the occupant from liability as a responsible person
pursuant to this article.
(f)
Imminent risk. In any event where the occupant is the person responsible
for the property being in violation of this article, but there is
an imminent risk to the health or safety of the public or of an occupant
other than the person responsible for the property being in violation
of this article, the owner shall promptly cure the defect on behalf
of the responsible occupant. Such action on the part of the owner
does not release the occupant of responsibility under this article.
The owner may demand restitution from the responsible occupant for
the cost of curing the violation of this article.
(g)
City not responsible for cost reimbursement to owner. Notwithstanding
the foregoing provisions of this section, neither the City nor its
enforcing officer and officials shall be responsible to prosecute
and enforce the provisions of this article relating to monetary payments,
restitution or reimbursement by a responsible occupant to an owner.
