Whenever the Code Official determines that there
has been a violation of this code or has reasonable grounds to believe
that a violation has occurred or whenever the Code Official has condemned
any structure or equipment under the provisions of this code, notice
shall be given to the owner or the person or persons responsible therefor
in the manner prescribed below. If the Code Official has condemned
the property or a part thereof, the Code Official shall give notice
to the owner and to the occupants of the intent to placard and to
vacate the property or to order equipment out of service.
The notice prescribed by this code shall:
A.
Be in writing.
B.
Include a description of the real estate sufficient
for identification.
C.
Include a statement of the reason or reasons why it
is being issued.
D.
Include a correction order allowing a reasonable time
for the repairs and improvements required to bring the dwelling unit
or structure into compliance with the provisions of this code.
E.
Include an explanation of the owner's right to seek
modification or withdrawal of the notice by petition of appeal.
Such service shall be deemed to be properly
served upon such owner if a copy thereof is delivered to the owner
personally; or by leaving the notice at the usual place of abode,
in the presence of someone in the family of suitable age and discretion
who shall be informed of the contents thereof; or by certified or
registered mail addressed to the owner at the last known address with
return receipt requested; or if the certified or registered letter
is returned with receipt showing that it has not been delivered, by
posting a copy thereof in a conspicuous place in or about the structure
affected by such notice, and by mailing a copy by regular mail.
When a condemnation order is served on an occupant
other than the owner or person responsible for such compliance, a
reasonable time to vacate the property after noncompliance shall be
stated. Owners or persons responsible for compliance must vacate at
the time set for correction of defects if there is failure of compliance.
It shall be unlawful for the owner of any dwelling
unit or structure who has received a compliance order or upon whom
a notice of violation has been served to sell, transfer, mortgage,
lease or otherwise dispose of it to another until the provisions of
the compliance order or notice of violation have been complied with
or until such owner shall first furnish the grantee, transferee, mortgagee
or lessee a true copy of any compliance order or notice of violation
issued by the Code Official and shall furnish to the Code Official
a signed and notarized statement from the grantee, transferee, mortgagee
or lessee acknowledging the receipt of such compliance order or notice
of violation and fully accepting the responsibility without condition
for making the corrections or repairs required by such compliance
order or notice of violation.
