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 determined to condemn any structure, or part of it, or equipment under the provisions of Article
IV, notice shall be given to the property owner and to the tenant.
The notice and/or order shall be in writing and shall include the following:
A. A description of the real estate sufficient for identification.
B. A statement of the reason or reasons why the notice is
being issued.
C. A deadline for compliance, which shall not be less than
20 days.
D. In the event that repairs are feasible, a list of repairs
and modifications to be undertaken in order to correct the violations.
E. A description of the penalties for failure to comply
with the order or to correct the said violations.
Notice shall be deemed to be properly served upon a property owner or
tenant by mailing a copy of the notice and all other necessary papers by certified
or registered mail, with return receipt requested, to the last known address
of the person or his agent. If the mailed notice is not delivered, then a
copy of the notice shall be posted on the front door or other conspicuous
place in or about the structure affected by the notice.
When a structure is condemned, the tenant shall be given a reasonable
time to vacate in accordance with state or local law.
A property owner who has been served a notice of violation or an order
may not sell, transfer, mortgage, lease or otherwise dispose of the premises
until:
A. The Code Official finds that the order has been complied
with or violation corrected; or
B. The property owner has furnished the Code Official with
a signed and notarized statement from the grantee, transferee, mortgagee or
lessee, in which the property owner acknowledges the receipt of the order
or notice and states that he/she fully accepts and assumes the responsibility
without condition for making the corrections or repairs required by the order
or notice.
No person shall deface, conceal or remove a condemnation placard or
a notice without the approval of the Code Official.
Whenever the Code Official finds that an emergency exists on a premises
and time is of the essence to protect the public's health and safety
or that of the occupants of a structure, the code official may issue an emergency
order reciting the existence of such an emergency and require the vacating
of the premises or such action as the Code Official deems necessary to meet
the emergency. The emergency order shall be effective immediately, and the
premises, structure or equipment involved shall be placarded immediately upon
service of the order.