2005-011 Ordinance - Laserfiche WebLink

Home Browse Search

Ordinance No. 2005 -11 J. (2) Service of notice. Notice may be served personally or by prepaid telegram or by mail with postage prepaid, addressed to the last known address of the person to be served. Where it is ascertained that the owner does not reside on the premises, the "last known address" shall be the address of the owner as shown in the office of the County Auditor. If the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the building. The Property Maintenance Officer shall file and provide notice to any owner or operator of any violation at any address other than the last known address provided hereunder if such other address is filed with the Property Maintenance Officer personally or by certified mail addressed to the Property Maintenance Officer. The date of service of the notice shall be determined, where service is by mail, as of the second day following the day of mailing for notice to addresses within the City, and as of the seventh day after the day of mailing for notices to addresses outside the City. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day. (3) Notice to become an order unless hearing before the Board of Building Code Appeals. Within ten days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon before the Board of Building Code Appeals and serves a written request within the ten -day period in person or by mail on the Chairman of the Board. Such request for a hearing before the Board shall set forth briefly the grounds or reasons on which the request for a hearing is based, and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Chairman of the Board, upon receipt of the request, shall, within thirty days therefrom and upon five days notice to the party aggrieved, set the matter down for hearing. (4) Determination at hearing. At any hearing provided for hereunder, the Chairman of the Board shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within ten days from the completion of the hearing. The Board shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdraw the notice of extending the time of the same. (5) Extension of time. The Property Maintenance Officer may extend the time for correction or abatement of the violation for an additional period of time not to exceed thirty days except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed ninety days beyond the expiration date of the original notice or the final decision of the Board of Building Appeals. (6) Noncompliance with notice. Whenever the owner, agent, occupant or operator of a structure or premises fails, neglects or refuses to comply with any notice of the Property Maintenance Officer that becomes a final order as provided in paragraph (e)(3) hereof, the Property