§ 21-8. Enforcement procedure.  


Latest version.
  • (a)

    It shall be the duty of the code enforcement inspector to investigate complaints and initiate enforcement proceedings of the various codes and ordinances. No member of the code enforcement board may initiate enforcement proceedings. The code enforcement inspector/officer may initiate enforcement proceedings according to the process set forth in this section when the inspector/officer has reason to believe that there is a violation of any the county codes and ordinances enumerated in section 21-5 above.

    (1)

    A notice of violation shall be served upon the owner, agent, custodian, lessee, or occupant to terminate and abate the violation in not less than 30 days from the date such notice is received by certified mail, hand delivery, or advertised in a newspaper of general circulation in the county. Such notice of violation shall include:

    a.

    A sufficient description by address and/or legal description to identify the property upon which the violation exists;

    b.

    A description of the violation to be terminated and abated and any additional actions, authorizations or permits required to achieve compliance; and

    c.

    A statement that if the described violation is not terminated and abated within a specified period of time, which shall be not less than 30 days after notice as herein provided, the code enforcement board may order the code enforcement officer to cause the violation to be terminated and abated, and to impose a lien upon the property for the actual cost of such termination and abatement.

    The code enforcement inspector/officer may provide additional time in which to cure a violation if, in the discretion of the code enforcement officer, such additional time is reasonably necessary in view of the actions required to achieve compliance.

    (2)

    If such violation has not been terminated and abated within the time specified in the notice, a second notice shall be sent notifying the offender that a code enforcement hearing has been requested. Such notice of violation shall further state the date, time and place in which the violation will be called up for hearing before the code enforcement board. The second notice as referenced herein shall be sent to the violator not less than 30 days before the hearing before the code enforcement board.

    (3)

    If a violation presents a serious threat to the public health, safety, and welfare, the code enforcement inspector/officer shall immediately take the case before the code enforcement board, even if the violator has not been notified.

    (4)

    If a repeat violation is found, the code inspector shall notify the violator; but is not required to give the violator a reasonable time to correct the violation. The code enforcement inspector/officer, upon notifying the violator of a repeat violation, shall notify the code enforcement board and request a hearing. The code enforcement board, through its administrative staff, shall schedule a hearing and shall provide notice pursuant to this chapter. The case may be presented to the code enforcement board even if the repeat violation has been corrected prior to the board hearing; and the notice shall so state.

(Ord. No. 2011-072111-01, § 3, 9-1-2011; Ord. No. 2014-052014-02, § 3, 5-20-2014)

Editor's note

Ord. No. Ord. No. 2014-052014-02, § 3, adopted May 20, 2014, renumbered § 21-6 as § 21-8.