§ 153.150. Notice of violation and order to comply.

A.

Whenever the Superintendent or other designee 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 Superintendent or other designee shall determine;

2.

Include a list of violations, refer to the sections and divisions violated, and order remedial action which will effect compliance with the provisions of this chapter;

3.

Specify a reasonable time within which to comply; and

4.

Be served on the responsible person personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified and 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 Superintendent or other designee shall have the authority to impose an administrative penalty. The Superintendent or other designee 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 degree of harm to the public health, safety, welfare, and aesthetics as a result of the violation of this chapter;

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.

C.

The imposition of an administrative penalty shall be accomplished only after a notice and order is provided to the responsible person. Notice of a decision imposing an administrative penalty shall:

1.

Be put in writing on an appropriate form as the Superintendent or other designee 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 responsible person personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified and 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.

(Prior code § 153.006; Ord. 357-1999)