§ 2-51. Enforcement procedures.  


Latest version.
  • (a)

    The code officer has the duty of enforcing the various codes and initiating enforcement proceedings before the special master.

    (b)

    Except as provided in subsections (c) and (d) below, if a violation of the codes is found, the code officer shall notify the violator of the violation and give the violator a reasonable time, in light of the nature of the violation, to correct the violation. Should the violation continue beyond the time specified for correction, the code officer shall request that the clerk set a hearing and notify the violator of the hearing as provided herein. The clerk shall schedule a hearing, and written notice of such hearing shall be served on the violator. If the violation is corrected and is then repeated or if the violation is not corrected by the time specified for correction by the code officer, the case may be presented to the special master even if the violation has been corrected prior to the hearing, and the notice shall so state.

    (c)

    If a repeat violation is found, the code officer shall notify the violator, but is not required to give the violator a reasonable time to correct the violation. The code officer, upon notifying the violator of a repeat violation, shall have the clerk set a hearing and notify the violator. The notice shall state that the case may be presented to the special master even if the violation has been corrected prior to the board hearing.

    (d)

    If the code officer has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code officer shall make a reasonable effort to notify the violator and may request that the special master set an immediate hearing on the violation.

    (e)

    If the owner of property which is subject to an enforcement proceeding before a special master contracts to transfer or does transfer ownership of such property between the time the notice was served and the time of the hearing, such owner shall:

    (1)

    Disclose the existence and the nature of the enforcement proceeding to the buyer;

    (2)

    Deliver to the buyer a copy of the notice of violation and the notice of hearing;

    (3)

    Disclose to the buyer that he/she will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding

    (4)

    Within five (5) days after the date of the transfer of title, file a notice of title transfer with the code enforcement official, with the identity and address of the new owner and copies of the disclosures made to the new owner.

    If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided with a reasonable period of time to correct the violation before a hearing.

(Ord. No. 2004-09, § 6, 7-13-04)