§ 38-5. Notices, hearing, and orders.

(a)

Notice required. Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this chapter, the building official shall give notice of such alleged violation to the owner, licensee or agent, as hereinafter provided. Such notice shall:

(1)

Be in writing.

(2)

Include a statement of the reasons for its issuance.

(3)

Allow a reasonable time for the performance of the act it requires.

(4)

Be served upon the owner, licensee or his agent; provided that such notice or order shall be deemed to have been properly served upon such licensee or agent when a copy thereof has been sent by mail to his last known address, or when he has been served with such notice by any method authorized or required by the laws of this state.

(5)

Contain an outline of remedial action; which, if taken, will effect compliance with the provisions of this chapter.

(b)

Appeal from denial of permit or license. Any person affected by the refusal of the building official to issue a permit or license, or renew a license under the provisions of this chapter, as set out in section 38-2 and section 38-3, may request a hearing on the matter before the board of appeals (Ch 14, art I, 14-3) provided that such aggrieved person shall file within ten business days after the day the permit or license was refused, in the office of the building official, a written petition requesting such hearing and setting forth a brief statement of the grounds thereof. They shall follow the notice and hearing process as provided by the board of appeals.

(c)

Order without notice. Whenever the building official finds that an emergency exists which requires immediate action to protect the public health or safety, the building official may, with the consent of the city manager, without notice or hearing, issue an order stating the existence of such an emergency and requiring that action be taken as he may deem necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply immediately, but upon written petition to the city shall be afforded a hearing as soon as possible. The provisions of subsection (b) of this section shall be applicable to such hearing and the order issued thereafter.

(Ord. No. 334, § V, 7-31-1984)