Agenda - 06-01-2021; 8-g - Amendment to the Code of Ordinances – Minimum Housing Standards Ordinance

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16 (Ord. of 2-21-1984, art. 16, ef£ 7-1-1984) Sec. 20-47. - Methods of service of complaints and orders. Complaints and orders issued by the Public Officer shall be served upon persons either personally or by registered or certified mail. If the whereabouts of such persons are unknown and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence, the Public Officer shall make affidavit to that effect, and the serving of such complaint or order upon such person may be made by the publishing of same at least once no later than the time at which personal service would be required under the provisions of this Ordinance in a newspaper having general circulation in the County. Where service is made by publication, a notice of the pending proceedings shall be posted in a conspicuous place on the premises affected by the complaint or order. (Ord. of 2-21-1984, art. 17, eff. 7-1-1984) Sec. 20-48. -Violations; remedies and penalty. (a) The owner of any dwelling or dwelling unit who fails to comply with an order issued by the Public Officer pursuant to subsection 20-45(b) of this Ordinance from which no appeal has been taken, or fails to comply with an order of the Board of Adjustment following an appeal, shall be in violation of this Ordinance. Each day that any such failure to comply with such order continues shall constitute a separate and distinct violation. (b) If the owner of any dwelling or dwelling unit fails to comply with an order issued by the Public Officer pursuant to subsection 20-45(b) of this Ordinance from which no appeal has been taken, or fails to comply with an order of the Board of Adjustment following an appeal, then the Public Officer may cause such dwelling or dwelling unit to be vacated and closed; and may cause to be posted on the main entrance of any dwelling so closed, a placard with the following words: "This building is unfit for human habitation. The use or occupancy of this building for human habitation is prohibited and unlawful." If a person removes a notice that has been affixed to a dwelling or dwelling unit by the Public Officer, that person is in violation of this ordinance. (c) Occupancy of dwelling or dwelling unit posted or placarded as provided in subsection 20-48(b)of this Ordinance shall constitute a violation. Each day that such occupancy continues after such posting or placarding shall constitute a separate and distinct violation. (d) Whenever a violation occurs, the Public Officer, either in addition to or in lieu of other remedies, may initiate any appropriate action or proceeding to prevent, restrain, correct, or abate the violation or prevent the occupancy of the building involved. In addition to all other enforcement options provided herein, the Public Officer may issue a warning or citation as follows: (1) A warning may be issued by the Public Officer, his designee, or Inspector, without fine when he or she is of the opinion that a violation of this chapter may be remedied without the necessity of prosecution; however, a warning may not be issued in cases where public health and/or safety are endangered; (2) Enforcement personnel are hereby empowered to issue civil citations to any person(s) if there is probable cause to believe that such person(s)caused or is responsible for a violation of the minimum standards and responsibilities found in Sections 20-33 through 20-42. Enforcement personnel are authorized to assess penalties and seek civil relief as noted herein. Citations so issued may be served in person on the violator by the Public Officer, designee, or Inspector. If such a person cannot readily be found or if reasonable attempts have been made to effect service of the written citation upon the responsible person(s) by delivery or mail and those attempts have been unsuccessful, then a citation may be provided by posting the citation upon the dwelling in which the violator resides in a conspicuous place for a period of not less than 14 days. Any citation so served shall direct the violator to make a payment of the penalty provided therein to Orange County on or before a specific day and hour named in the citation and to present evidence of the remedy of any violation of this chapter.