Sec. 15.1-3.1. Notice of violation.
Whenever the enforcing officer determines that there has been
a violation of any provision of this chapter, he shall give written
notice of each violation to the person or persons responsible
therefor and order compliance with this chapter, as hereinafter
provided. Such notice and order shall:
(a) Include a list of alleged violations, together with a copy of
the sections of this chapter violated and remedial action, which, if
taken, will effect compliance with the provisions of this chapter.
(b) Be served upon the owner or occupant, as the case may
require, at their last known address by certified mail, return
receipt requested. Should delivery of such notification be refused,
or if the whereabouts of such person is unknown and cannot be
ascertained by the enforcing officer in the exercise of reasonable
diligence, the enforcing officer will make affidavit to such effect
and cause such notice to be published in a newspaper published in
this city once a week for two consecutive weeks.
(c) Order the notified person or his designated representative
to correct the violation at once or appear in a hearing before the
enforcing officer at a specified time not less than ten nor more than
fourteen days after the date said notice of violation is received or
after publication of such notice; provided, that after the owner
has received notice of violation, if the property becomes vacant, it
shall remain vacant until the acts required by the notice have
been performed; and further provided, that no occupant shall be
ejected by an owner or operator from the premises which are the
subject of any such notice, except for non-payment of rent, until
the acts required by the order are performed. A violation of this
section shall be a misdemeanor punishable as provided in section
1-5 of this Code.
(d) Upon conclusion of such hearing, the enforcing officer may
declare such order to be in full force or effect or may modify the
same upon a finding that any or all of the alleged violations do not
exist or have been corrected or may establish, by agreement with
the violator or otherwise, an extended time for compliance with
the provisions of such order; provided, however, that in any case
in which the enforcing officer extends the time for compliance
with such order by more than twenty-one days, he shall estimate
the cost of repairs and improvements necessary to effect
compliance with the order and shall require the violator to
provide bond with a surety adequate to guarantee the completion
by the time established in such order of such repairs or
improvements. The city attorney is authorized to accept instead
of corporate surety, a letter of credit, joint savings account,
escrow agreement, or where the value of such improvements and
repairs does not exceed five hundred dollars, a certified check or
other pledge or deposit of collateral which the City Attorney may
consider satisfactory to insure compliance. (8-19-74, § 2.)
