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<br />Ordinance No.2008-44 <br />(3) <br />(4) <br />(5) <br />(6) <br />(7) <br />(8) <br />following the day of mailing for notice to addresses within the <br />City, and as of the seventh day after the day of mailing for notices <br />to addresses outside the City. Where the day of service would fall <br />upon a Sunday or other day when mail is not ordinarily delivered, <br />then the day of service shall be the next regular delivery day. <br />Notice to become an order unless hearing before the Board of <br />Building Code Appeals. Within ten days of the date of service of a <br />notice, the notice shall constitute a final order unless any person <br />affected by the notice requests a hearing thereon before the Board <br />of Building Code Appeals and serves a written request within the <br />ten-day period in person or by mail on the Chairman of the Board. <br />Such request for a hearing before the Board shall set forth briefly <br />the grounds or reasons on which the request for a hearing is based, <br />and the factual matters contained in the notice of violation which <br />are to be disputed at the hearing. The Chairman of the Board, upon <br />receipt of the request, shall, within thirty days therefrom and upon <br />five days notice to the party aggrieved, set the matter down for <br />hearing. <br />Determination at hearing. At any hearing provided for hereunder, <br />the Chairman of the Board shall be vested with all the powers <br />provided by law to compel the attendance of witnesses and parties <br />in interest by issuance and service of subpoena, to require by <br />subpoena the production of books, records or other documents at <br />any such hearing which may be pertinent to matters to be <br />determined by him and to enforce any such subpoena or secure any <br />order for the enforcement of any such subpoena as provided by <br />law. Determination shall be made within ten days from the <br />completion of the hearing. The Board shall issue an order either <br />incorporating the determinations and directions contained in the <br />notice, modifying the same or withdraw the notice of extending the <br />time of the same. <br />Extension of time. The Property Maintenance Officer may extend <br />the time for correction or abatement of the violation for an <br />additional period of time not to exceed thirty days except where <br />major capital improvements or renovations are involved, in which <br />instance the time for completion may be extended for a period not <br />to exceed ninety days beyond the expiration date of the original <br />notice or the final decision of the Board of Building Appeals. <br />Noncompliance with notice. Whenever the owner, agent, occupant <br />or operator of a structure or premises fails, neglects or refuses to <br />comply with any notice of the Property Maintenance Officer that <br />becomes a final order as provided in paragraph (e)(3) hereof, the <br />Property Maintenance Officer may advise the Director of Law or <br />the Prosecutor of the circumstances and request the Director of <br />Law or the Prosecutor to institute an appropriate action at law to <br />compel compliance. <br />Referral of violations. Any violation of any ordinance other than <br />this Code discovered by the Property Maintenance Officer or his <br />representative shall be reported to the official or agency <br />resnonsible for the enforcement of such ordinance. <br />Notwithstanding the requirements of-paragraphs (e)(1) tnroul <br />(e)(4) hereof, violations of the following section may be <br />prosecuted without notice by the filing of a complaint by the <br />15