§ 2-66. Compliance procedure.

(a)

Generally. It shall be the duty of the code officer to initiate compliance proceedings of the various codes; no special magistrate shall have the power to initiate such compliance proceedings.

(b)

Notification of violation; hearing; written notice of hearing. Except as provided in subsections (c) and (d), if a violation of the codes is found, the code officer shall notify the violator and give him or her a reasonable time to correct the violation. The notice shall also include the notice of hearing should the violation continue beyond the time specified for correction. The combined written notice of violation and hearing shall be hand-delivered or mailed as provided by section 2-70 to the violator. At the option of the special magistrate, notice may additionally be served by publication or posting as provided in section 2-70. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code officer, the case may be presented to the special magistrate even if the violation has been corrected prior to the hearing, and the notice shall so state.

(c)

Repeat violations. If a repeat violation is found, the code officer shall notify the violator, but is not required to give the violator a reasonable time to correct the violation. The code officer, upon notifying the violator of a repeat violation, shall notify a special magistrate and request a hearing. The special magistrate shall schedule a hearing and shall provide notice pursuant to section 2-70. The case may be presented to the special magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state.

(d)

When code officer may immediately notify a special magistrate. If the code officer 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 officer shall make a reasonable effort to notify the violator and may immediately notify a special magistrate and request a hearing.

(Ord. No. 87-29, § 1, 10-5-87; Ord. No. 89-34, § 1, 11-20-89; Ord. No. 93-26, § 1, 10-5-93; Ord. No. 95-33, § 1, 12-28-95; Ord. No. 96-30, § 1, 10-15-96; Ord. No. 99-13, § 1, 5-4-99; Ord. No. 2003-37, § 1, 10-21-03; Ord. No. 2006-07, § 1, 3-7-06; Ord. No. 2013-06, § 2, 1-8-13; Ord. No. 2013-26, § 4, 5-21-13)

Editor's note

Ord. No. 2013-26, § 4, adopted May 21, 2013, changed the title of section 2-66 from "Enforcement procedure" to "Compliance procedure." The historical notation has been preserved for reference purposes.