§ 94.87. Notice of violation.

A.

Whenever the Director of Health or his authorized representative determines 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;

2.

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

3.

Specify a reasonable time within which to comply, giving due consideration to the immediacy of the threat to the health of the child with increased lead absorption; and

4.

Be served on the owner, occupant, or agent 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 property affected.

B.

Whenever an occupant or owner violates or fails to comply with any of the provisions of this chapter, the Director of Health or his designee shall have the authority to impose an administrative penalty. The Director of Health or his 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 article;

2.

The degree of harm to the public health, safety, and welfare as a result of the violation of this article;

3.

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

4.

Good faith efforts of the person to remedy the violation of this article; 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 fine shall be accomplished only after a notice and order is provided to the occupant or owner. Notice of a decision imposing an administrative fine shall:

1.

Be put in writing on an appropriate form as the Department of Public Health shall determine;

2.

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

3.

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

4.

Be served on the occupant 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. 523-2002; Ord. 532-2000; Ord. 1037-1991; Ord. 167-1988; Ord. 9-1979)