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ADMIfdiSZRAT(Otd
<br />PM-106.2 Penalty: Any persnn who shall violate a provision of
<br />this code shall, upon conviction thereof, be subject to a fine of
<br />not less than (A!vtOUNTJ nor more than [AMOUNC] or impnson-
<br />ment for a term not to exceed [tvurvisEtt] days, or bo[h, at the
<br />discretion of the court. Each day that a violation continues after
<br />due notice has teen served shall be deemed a separate offense.
<br />PM-106.3 Prosecution: In case of any unlawful acts the code
<br />official shall institute an appropriate action or proceeding at law
<br />to exact the penalty provided in Section PM-106.2. Also, the
<br />code official shall ask the jurisdiction's legal representative to
<br />proceed at law or in eyuity a* g ainst the per.rnn responsible for the
<br />violation for the purpose oC ordering that persoi::
<br />]. 7'o restrain. correct or remove the v.iolation or refrain from
<br />any further execution of work;
<br />2. To restrain or correct the erection, installation, main-
<br />tenance. repair or alteration of such structure;
<br />3. To require [he removal of work in violation; or
<br />4. To prevent the nc•c•upanc_r of the structure that is not in
<br />compliance wi[h the provisions of this code. •
<br />SECTION PM-107.0 NOTICES AND ORDERS
<br />PM-107.1 Notice to owner or to person or persons respon-
<br />sible: Whenever the code official detennines that there has been
<br />a violation of this code or has arounds to believe that a violation
<br />has occurred, no[ire shall be ;iven to the owner or the person or
<br />persons responsible therefore in the manner prescribed in Sec-
<br />tions PM-107.2 and PM-107.3. No[ices for condemnation pro-
<br />cedures shall also comply with Section PM-108.3.
<br />PM-107.2 Form: Such notice prescribed in Section PM-107.1
<br />shall:
<br />l. Be in writina:
<br />2. Include a description of the real estate sufficient for iden-
<br />tification:
<br />3. Include a sta[ement uf the reason or reasons why the notice
<br />is being issued: and
<br />4. Include a correction order aliowing a reasonable time for
<br />the repairs and improvements reyuired to bring the dwe(1-
<br />ing unit or structurc imo compli:uice with the provisions
<br />of this code.
<br />PM-107.3 Method of service: Such notice shall be deemed to
<br />be properly served if a copy thereof is (a) delivered to the owner
<br />personally; or (b) sent by certified or registered mail addressed
<br />to the owner at the last known address with rewrn receipt
<br />reyuested. If che certiticd or reizistered letter is returned showing
<br />that the letter was not dclivered, a copy thereof shall be posted
<br />in a conspicuous place in or about [he structure affected by such
<br />notice. Service of such notice in the foregoing manner upon the
<br />nHmer's aQent or upon the pei•svn responsible for the structure
<br />shall constitute service of notice upon the nwner.
<br />PM-107.4 Penalties: Penalties for noncompliance with orders
<br />and notices shall be as set forth in Section PM-106.2.
<br />PM-107.5 Transfer of ownership: It shall be unlawful for the
<br />nwner of any direllrng wrir or swcture who has received a
<br />compliance order or upon whom a notice of violation has been
<br />served to sclL tran;fer. mort??aee. Icase or othcrwise dispose of
<br />to another until the provisions of the compliance order or notice
<br />of violation have fxen complied with, or until such oH-ner shall
<br />first furnish the gantee, transferee, mortgagee or lessee a true
<br />copy of any compliance order or notice of violation issued bi
<br />the code official and shall furnish to the code official a signe(
<br />and notarized statement from the grantee, transferee, mortgagee
<br />or lessee, acknowledging the receipt of such compliance order
<br />or notice of violation and fully accepting the responsibility
<br />without condition for makins the corrections or repairs required
<br />by such compliance order or notice of violation.
<br />SECTION PM-108.0 UNSAFE STRUCTURES AND EQUIPNIEWT
<br />PM-108.1 General: When a structure or equipment is found by
<br />the code official to be unsafe, or when a structure is found unfit
<br />for human occupancy, or is found unlawful, such structure shall
<br />be condemned pursuant to the provisions of this code.
<br />PM-108.1.1 Unsafe structure: An unsafe swcture is one
<br />that is found to be danaerous to the life, health, properry or
<br />safety of the public or the occuponrs of the structure by not
<br />providing minimum safesuards to protect or warn occupants
<br />in the event of fue, or because such structure contains unsafe
<br />equipment or is so damaged, decayed, dilapidated, structural-
<br />ly unsafe, or of such faulty construction or unstable founda-
<br />tion, that partial or complete collapse is likely.
<br />PM-108.1.2 Unsafe equipment: Unsafe equipment includes
<br />any boiler, heating equipment, elevator, moving stairway,
<br />electrical wiring or device, flammable liquid containers or
<br />other equipment on the premises or within the structure which
<br />is in such disrepair or condition that such equipment is a
<br />hazard to life, health, property or safety of the public or
<br />occupants of the premises or structure.
<br />PM-108.13 Structure unfit for human occupancy: Astruc-
<br />ture is unfit for human nc•ctiponcy whenever the code official
<br />finds that such structure is unsafe, unlawful or, because of the
<br />degree to which the swcture is in disrepair or lacks main-
<br />tenance, is unsanitary, vermin or rat infested, contains filth
<br />and contamination, or ]acks ventrlarion, illumination, sanitary
<br />or heating facilities or other essential equipment required by
<br />this code, or because the location of the structure constitutes
<br />a hazard to the occupattts of the structure or to the public.
<br />PM-108.1.4 Unlawful structure: An unlawful structure is
<br />one found in whole or in part to be occupied by more persons
<br />than pennitted under this code, or was erected, altered or
<br />occupied contrary to law.
<br />PM-108.2 Closing of vacant structures: If the swcture is
<br />vacant and unfit for human habitation and occupancy, and is not
<br />in danger of structural collapse, the code officidl is authorized to
<br />post a placard of condemnorion on the premises and order the
<br />structure closed up so as not to be an attractive nuisance. Upon
<br />failure of the ox•ner to close up the premises within the time
<br />specified in the order, the code official shall cause the premises
<br />to be closed through any available public agency or by contract
<br />or arrangement by private person.r and the cost thereof shall be
<br />charged against the real estate upon which the structure is located
<br />and shall be a lien upon such real estate.
<br />PM-108.3 Notice: Whenever the code official has c•ondemned
<br />structure or equipment under the provisions of this section
<br />notice shall be posted in a conspicuous place in or about the I
<br />structure affected by such notice and served on the owner or the
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