(a) It shall be unlawful for any person to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another to occupy, or permit another person to occupy any structure or equipment regulated by this article or the technical codes, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this article or the technical codes, or to fail to obey a lawful order of the code official, or to remove or deface a placard or notice posted under the provisions of this article or the technical codes.
(b) Whenever the code official observes an apparent or actual violation of a provision of this article or the technical codes or of a permit, certificate or construction document issued thereunder, the code official shall prepare a written notice of violation describing the condition of violation and specifying time limitations not to exceed thirty (30) days for the required correction or discontinuance of the illegal action or condition, as well as any required repairs, improvements or other action necessary to abate the violation.
(c) Such notice prescribed in this subsection shall:
(1) Be in writing;
(2) Include the address of the premises in violation;
(3) Include description of the violation(s);
(4) Include a correction order to eliminate the violation(s); and
(5) Include a time limitation for correction of the violation(s).
(d) The written notice of violation shall be served upon the owner, owner’s agent, occupant or other person responsible for the erection, construction, installation, alteration, extension, repair, removal, demolition, operation or occupancy of a building, structure, equipment or system under violation. If such person is not the owner of the premises where the violation is deemed to exist or to have occurred, a copy of the notice shall be sent by first class mail to the last registered owner of the premises. The failure of the code official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this article or the technical codes.
(e) A notice of violation shall be deemed to be properly served if a copy thereof is delivered to such persons prescribed in this subsection by one or more of the following:
(1) Personally;
(2) By first class mail to the last known residence or business address;
(3) By certified or registered mail to the last known residence or business address, return receipt requested:
(4) By leaving it in the possession of an adult member of the person’s family;
(5) By leaving it in the possession of an adult in charge of the premises or persons place of business; or
(6) If no address is known or the mail is returned indicating no delivery, a copy of the notice shall be posted in a conspicuous place at the entrance or avenue of access to the premises in violation and such procedure shall be deemed the equivalent of personal notice.
(f) The date of service shall be the date of personal service, the date of posting, or the date of mailing by first class, or certified mail. (Ord. No. G-05-18, § 13, 12-19-05)