Chapter 12.5 HOUSING*
ARTICLE II. LIVABILITY CODE FOR RESIDENTIAL RENTAL DWELLINGS*
Sec. 12.5-17. Notices and orders.
(a) General.
(1) 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 provisions of section
12.5-16, notice shall be given to the property owner and to the tenant in the
manner prescribed in this Code.
(2) If the code official has condemned the
structure or part of it, or equipment, the code official shall serve prior
notice to the property owner and to the tenants of the intent to:
a. Order
the structure or part of it placarded or vacated; or
b. Order the equipment
placed out of service.
(b) Service of notice.
(1) Notice shall be
deemed to be properly served upon a property owner or tenant by one of the
following methods:
a. By delivering to the person to be served or his agent
a copy of the notice and all other necessary papers; or
b. By mailing to the
person to be served at his last known address or to his agent by certified or
registered mail with return receipt requested a copy of the notice and all other
necessary papers.
(2) If the certified or registered letter is returned with
receipt showing that it has not been delivered, notice shall be served by
posting a copy of it in a conspicuous place in or about the structure affected
by the notice.
(c) Notice to vacate. When a condemnation order is
served on a tenant, the tenant shall be given a reasonable time to vacate the
structure in accordance with state or city law.
(d) Transfer of
ownership. A property owner who has received a compliance order or upon whom
notice of violation has been served may not sell, transfer, mortgage, lease, or
otherwise dispose of the premises until:
(1) The provisions of the
compliance order or notice of violation have been complied with; or
(2) The
property owner shall first furnish the grantee, transferee, mortgagee, or lessee
a true copy of the compliance order or notice of violation issued by the code
official and shall furnish to the code official a signed and notarized statement
from the grantee, transferee, mortgagee or lessee, in which he acknowledges the
receipt of the compliance order or notice of violation and states that he fully
accepts and assumes the responsibility without condition for making the
corrections or repairs required by the compliance order or notice of
violation.
(e) Removal of placard. A property owner may not deface or
remove a condemnation placard without the approval of the code official. (Ord.
No. G-88-21, § .07, 12-8-88)
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