§ 150.03. Notice of violation.

A.

Whenever the Housing Inspector determines that there has been a violation of any of the provisions of this chapter, he shall give notice of the violation to the person responsible therefor and order compliance, as herein provided. The notice and order shall:

1.

Be put in writing on an appropriate form as the Department of Neighborhood Assistance shall determine;

2.

Include a list of violations, refer to the sections and subsections violated and order remedial action which will effect compliance with the provisions of this chapter, including obtaining a permit, inspection, and approval required by state or local law;

3.

Specify a reasonable time within which to comply; and

4.

Be served on the operator, owner or occupant personally or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified or regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address or the building affected.

B.

Whenever a person violates or fails to comply with any of the provisions of this chapter, the Housing Inspector shall have the authority to impose an administrative penalty. The Housing Inspector shall consider the following criteria in assessing an administrative penalty:

1.

The extent to which the person has benefited by the violation of this chapter;

2.

The impact on neighboring premises;

3.

The recidivism of the person, including previous notices and orders to comply and previous enforcement action;

4.

Good faith efforts of the person to remedy the violation of this chapter; and

5.

The duration of the violation after a notice and order to comply was served pursuant to this section or Section 150.031

C.

The imposition of an administrative fine shall be accomplished only after a notice and order is provided to the occupant, operator or owner. Notice of a decision imposing an administrative fine shall:

1.

Be put in writing on an appropriate form as the Department of Neighborhood Assistance Service shall determine;

2.

State the basis for the administrative penalty, including the section of this chapter that has been violated;

3.

Specify the date and manner by which the penalty must be paid; and

4.

Be served on the occupant, operator or owner personally or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified or regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address or the dwelling affected.

(Ord. 222-2008 §4: Ord. 708-1997; Ord. 769-1996; Ord. 904-1988; Ord. 113-1972)

(Ord. 14-2010; Ord. 210-2012; Ord. 291-2013)