§ 11-11. Enforcement procedures.

(a)

Code inspectors shall have the authority to initiate enforcement action of the Code and present and prosecute cases before the board or special magistrate. No board member or special magistrate shall have the power to initiate such proceedings.

(b)

If a violation of Code is alleged to exist, the code inspector shall, unless subsections (c) or (d) of this section apply, provide written notice to the alleged violator of the violation and afford that person a reasonable time, in light of the nature of the violation, to correct it. This time period for correction shall be no more than thirty (30) days, unless providing a longer time period is reasonable. Should the violation continue beyond the time specified for correction, the code inspector shall notify the clerk who shall schedule a hearing before the board, or special magistrate; and the code inspector, clerk, law enforcement officer or other person designated by the city commission shall provide written notice of the hearing, as provided in section 11-16, to the alleged violator. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the board or special magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state.

(c)

If a repeat violation is found, the code inspector shall provide written notice to the alleged repeat violator, but is not required to give the repeat violator time to correct the violation. Upon notifying the alleged repeat violator of a repeat violation, the code inspector shall notify the clerk who shall schedule a hearing before the board or special magistrate and the clerk shall provide notice of the hearing to the alleged repeat violator as provided in section 11-16. The repeat violation may be presented to the board or special magistrate even if the repeat violation has been corrected prior to the board or special magistrate hearing.

(d)

If the code inspector has reason to believe a violation presents a serious threat to the public health, safety or welfare or if the violation is irreparable or irreversible in nature, the code inspector may proceed directly to a hearing upon approval of the director of the sustainable development department, without notifying the alleged violator; provided, however, where possible, the code inspector shall use his/her best efforts to ensure that reasonable notice shall be given to the alleged violator.

(e)

If the owner of property which is subject to an enforcement proceeding before the board, special magistrate, or quasi-judicial or judicial process, transfers ownership of such property between the time the initial written notice is served to the violator and the time of the board or special magistrate hearing, such owner shall:

(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 all notices and other materials relating to the code enforcement proceeding received by the owner; 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 by the board or special magistrate; and

(4)

File a notice with the clerk of 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 five (5) days after date of the transfer; and

(5)

A failure to make the disclosures described in sections 11-11(e)(1)—(4) before the transfer creates a rebuttal presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

( Ord. No. C-08-36, § 1, 7-15-08 ; Ord. No. C-17-28 , § 50, 9-13-17)