§ 30-14. Enforcement procedure.

(a)

Initiation of proceedings. It will be the duty of the code enforcement officer to initiate code enforcement proceedings and to schedule hearings with regard to city codes and standard building codes violations and the City Land Development Code using the special magistrate or a code enforcement board.

(b)

Initial violation. Except as provided in sections (c), (d), (e) and (f) of this section, if a violation of any city code, ordinance, or regulation is found, the code enforcement officer will give the violator a notice of violation (NOV) indicating the type of violation found and manner in which it may be corrected and providing a reasonable time in which to correct the violation. If the violation continues beyond the time provided on the notice for compliance, the code enforcement officer may request a hearing. The special magistrate will schedule a hearing, and written notice of such hearing will be provided to the violator as set forth in section 30-19 below. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code enforcement officer, the case may be presented to the special magistrate or a code enforcement board even if the violation has been corrected prior to such hearing, and the notice will so state.

(c)

Repeat violation. If a repeat violation is found, the code enforcement officer will notify the violator but is not required to give the violator a reasonable time to correct the violation. The code enforcement officer, upon notifying the violator of a repeat violation, will request a hearing. The special magistrate or a code enforcement board shall schedule a hearing and provide notice as set forth in section 30-19. The case may be presented to the special magistrate or the code enforcement board even if the repeat violation is corrected prior to the hearing, and the notice will so state. If the repeat violation has been corrected, the special magistrate or the code enforcement board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the special magistrate or code enforcement board.

(d)

Immediate hearing. Notwithstanding anything else contained in this article, if the code enforcement 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 enforcement officer will make a reasonable effort to notify the alleged violator and request a hearing. The alleged violator will be served with notice of hearing. In addition, the special magistrate or code enforcement board will notify the city, which may make all reasonable repairs which are required to bring the property into compliance. Making such repairs does not create a continuing obligation on the part of the city to make further repairs or to maintain the property and does not create any liability against the city for any damages to the property if such repairs were completed in good faith. The costs of such repairs will be borne by the owner and/or violator, as applicable.

(e)

Transfer of subject property. If the owner of property that is subject to any enforcement proceeding before a special magistrate, code enforcement board or court transfers ownership of such property between the time the initial pleading or notice, as applicable, was served and the time of the hearing, such owner must:

(1)

Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; and

(2)

Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor; and

(3)

Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding; and

(4)

File a notice with the code enforcement officer regarding the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer.

A failure to make the disclosures described in subsections (1), (2), and (3) above before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding will not be dismissed, but the new owner will be provided a reasonable period of time to correct the violation before the hearing is held.

(f)

Procedure for intersection safety and/or traffic violations. See chapter 26, traffic, hearing before the special magistrate; chapter 26, parking, hearing before the special magistrate; chapter 18, police, hearing before the special magistrate; chapter 15, offenses, hearing before the special magistrate.

(g)

No stay. A request for an interpretation from the manager, or any appeal of such interpretation to the city council, will not act to stay any enforcement proceeding under this code unless specifically ordered by the special magistrate or the code enforcement board.

(Ord. No. 1583, § 3, 10-2-2014)