§ 2-108. Enforcement procedure.

(a)

Initiation of proceedings: It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes. No magistrate shall have the power to initiate such proceedings.

(b)

Notification of violations. Except as provided in subsections (c) and (d), if a violation of a code or ordinance is found, the code inspector shall notify the violator and provide a reasonable time to correct the violation. If the violation is corrected and then recurs on any property owned by the alleged violator or if the violation is not corrected by the time specified for correction by the code enforcement inspector, the case shall be presented to the code enforcement special magistrate even if the violation has been corrected prior to the hearing. Written notice of the violation and hearing shall be given in accordance with section 2-109 herein. If the violation is corrected and then recurs within five (5) years on any property owned by the alleged violator after the hearing date, the case shall be presented to the special magistrate, upon notifying the alleged violator of the recurrence of the violation and hearing date, without any additional time to correct the violation.

(c)

Repeat violations: 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 inspector, upon notifying the violator of a repeat violation, shall notify the clerical staff of the special magistrate and request a hearing. The clerical staff shall schedule a hearing. Written notice of such hearing shall be given in accordance with section 2-108 of this division 5. The case may be presented to the magistrate even if the repeat violation has been corrected prior to the hearing, and the notice shall so state. If the repeat violation has been corrected, the code enforcement special magistrate 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 magistrate.

(d)

Serious or irreparable violations: If the code inspector has reason to believe a violation or the condition causing the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the special magistrate and request a hearing.

(e)

Transfer of ownership: If the owner of the property that is subject to an enforcement proceeding before a special magistrate or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

(1)

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

(2)

Deliver to the prospective transferee a copy of all pleadings, notices, and other materials received by the owner/transferor in connection with the code enforcement proceeding.

(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.

(4)

File a notice with the code enforcement special magistrate informing the magistrate of the transfer of the subject 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 the date of the transfer.

A failure to make the disclosures described in this subsection before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the initial hearing where a violation is determined to exist, 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. 07-058, § 8, 9-25-07; Ord. No. 14-007, § 1, 2-4-14)