§ 4-12.305. Administrative Enforcement Action.

(a)

Whenever an enforcement officer has inspected any premises and determined that the premises are in violation of this article, that officer may issue a notice and order to abate the nuisance.

(b)

No notice and order is required to be issued hereunder if the owner is making good faith efforts to abate the nuisance. Indicia of good faith may include prompt responses to City communications and requests, cooperation with enforcement officers, active professional property management, and taking steps to repair physical conditions which contribute to the nuisance.

(c)

(1)

Whenever an enforcement officer issues a notice and order pursuant to this article to an owner or responsible party for rental residential property regarding a nuisance that exists at their property, the officer shall concurrently issue a written notice to the tenants of the property who may also be deemed violators by that officer. The notice shall generally describe the nuisance and the City's remedies under this Code. The notice shall also state that tenants may contact the officer to provide or receive information about their building. Notice to the tenant or unit need not be given when the enforcement officer determines that doing so would endanger persons or compromise an ongoing police investigation.

(2)

The enforcement officer shall follow reasonable procedures intended to provide all tenants with notice of subsequent proceedings and actions pursuant to this chapter, but failure of any tenant to receive such notice shall not invalidate any subsequent action taken by the City.

(d)

After the time for abatement set forth in the notice and order has expired, the enforcement officer shall determine whether the owner has taken the action ordered by the officer and whether the nuisance has been abated. If the officer determines that the nuisance has been abated, the owner and any occupants other than the owner shall be notified in writing of such determination and the compliance order shall be void thereafter.

(e)

If the enforcement officer determines that the nuisance has not been abated and no written appeal has been received within the time specified in the notice and order, the compliance order shall become final except for the appropriate assessment of administrative penalties and costs against an owner or responsible party, which assessment only may be appealed and heard by a hearing officer if a written appeal is received by the Director within thirty (30) days of the assessment. If an appeal is received, the Director shall set a hearing before a hearing officer in accordance with the provisions of Title 1, Chapter 6, Article 5.

(Amended by Ord. 3514-C.S., § 1, effective 6-12-09)