§ 22-244. Enforcement procedure.

(a)

Unsafe residential buildings. Structures within the city which are unsafe, unsanitary, unfit for human habitation or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to human life or existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment shall be considered unsafe buildings. All such unsafe buildings are declared illegal, and shall be abated by repair, rehabilitation or demolition.

(b)

Notice of violation. When the housing official determines there are reasonable grounds to believe that there has been a violation of any provision of this article, or any rule or regulation adopted pursuant to this article, the housing official shall give notice of such alleged violation to the owner or responsible person therefor, and such alleged violation shall constitute a nuisance. Such notice of violation shall:

(1)

Be in writing, prescribing such remedial action deemed necessary by the provisions of this article.

(2)

Allow 45 days to correct major violations and 60 days to correct minor violations, with a maximum time limit of 120 days for either violations, subject to approval of the housing official.

(3)

State that if such repairs, reconstruction, alterations, removal or demolition are not voluntarily completed within the time set forth in the notice, the housing official shall institute such proceedings for violation and penalties as prescribed by this article.

(c)

Service of notice. The written notice as set forth in subsection (b) of this section shall be deemed to have been served upon the owner if:

(1)

A copy of such notice is personally delivered to the party to be notified;

(2)

A copy of such notice is left at the person's usual place of abode with a family member over 18 years of age, and informing such person of the contents of the notice;

(3)

A copy of such notice is mailed by registered or certified United States mail with return receipt requested; or

(4)

If the name of such party, his or her place of residence or post office address cannot be ascertained after diligent search and inquiry, or if a notice sent by registered or certified mail shall be returned undelivered, such notice is posted in a conspicuous place on the property upon which violations are located for a period of 24 hours.

(Ord. No. 2001-08, art. V, § 5-3, 8-14-2001)