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ADMINISTRATION . 10(,.2 Notice ofyiolation. The code official shall serve a notice 107.3 Method of service. Sueh notice shall be deemed to be of violation or order iu ~I\:cordance with Section (0/. properly served if a copy thereof i~: 106.3 Pmsecution of violation. Any person failing to comply 1. Delivered personally: with a notice of violation llr order served in aecordallce with 2. Scnt by certified or first-class mail addressed to the last I SCl'lion 107 shall be deemed guilty of a mi~demeanor or civil known address: or infraction as determined by the local municipality. and the vio- 3. If the notice is returned showing that the letter was not lation shall be deemed a strict liability otfenst:_ If tht: notice of violation is not complied with. the code official shall institute delivered. a copy thereof shall be posll'd in a conspicu- the appropriate prol'eedillg at law or in equity to restrain. l'llr- ous place in or about the structure affected by such rect or abate such villlatilln. or to re4uire the removal or tenni- notice. nation of the unlawful occupancy of tht: structure in violation 11)7.4 Penalties. Penalties for noncompliance with orders ami of the provisiolls of this l'ode or of the order or direction rnade notices shall be as set forth in Section IObA. pursuaut thcreto. Auy action takell by the authority having 107.5 Transfer of ownership. It shall be unlawful for the jurisdil,tiou on sllch premises shall be charged against the real estate' upon which the structure is located and shall be a lien uwuer of any dwelling uuit or struclllre who has received a upon such real est all'. compliauce order or upon whom a notice of \'io]ation has becn served to sell. transfer. mortgage. lease or otherwise dispose of JH(,A Violation penalties. :\uy persou \\'ho shall violatc a pro- such lhvelling unit or structure to another until the provisillns vision of this code_ or fail to cllll1ply there"iith, or with any of llf the compliance unler or notice of viulation have been cum- the requirements thereof. shall be I'roseeuted within the limits plied with. or until such owner shall first furnish the grantee, pn1vided hy state or hlcal laws. Each day that a vil>lation COII- transferee, mortgagee or lessee a true copy of any compliance tinues after due notil'e has been served shall be deemed a sepa- order or notice of violation issued hv the code official and shall ralL'l\tlen.'e. furnish \(\ the code official a signed and notarized statement 10(,.5 Abatement ufviulation. Tht' imposition of tile penalties frolll the grantee. trallsferee. nlortgagee or lessee. acknowledg- herein prcsnibed shall Ilot preclude the legal ofricer (If the ing the receipt llf sudl compliance order or 11lItice 01 violation jurisdiction from instillltillg appropriate actiouto restrain. cor- and fully aCl'epting the responsibi lity \vithout condition for red or abate a violalilln. or to prevent illegal occupancy of a making the corrections or repairs required by such compliance building. strul'lure or premises. or to stop an illegal act. con- order or notice of violation. . duc\. busincss or utilization of the building, structure or pre- mises. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT SECTION 107 108..1 General. When a structure or equipmcnt is found by the NOTICES AND ORDERS l'ode official to be ullsafe, or \vhen a struclllrl' is found unfit for 1117.1 Notice to persun responsihle. Whenever the code offi- human occupancy. or is foulld unlawful. such structure shall be cial determilles that thne has been a violation of this code or condemned pursuant to the provisions of this code. has grounds to believe that a violation has uccurred, notice 108.1.1 Unsafe structures. An unsafe structure is one that shall be giICn in the manner prescribed in Sections 107_2 and is found to be dangerous to the life. health. propCrly or 107.3 to the person responsible for the violation as specified ill safely of the public or the occupants of the structure hy Ilot this code. Notices for condelllnation pmcedures shall also providing minimum safeguards to protect or warn OCl'U- comply with Scction 10R_3. pallts in the event of fire. or becaust' such struclllre contaills 107.2 Furm. Such notice prescribed in Section 107_1 shall be uusale equipmeut or is so damaged_ del'ayed. dilapidated. structurally unsafe or of such faulty cOllstructioll or unstable in accordance \I'ith all of the following: foundaticln. that partial or cOlllpkte collapse is possible. L lk in writing. 108.1.2 Lnsafe equipment. linsafe equipment includes 2_ luclude a descriptionl.lfthe real estate :-uffil-ient for iden- any boiler. heating equipment. elevator. moving stairway, tification_ electrical wiring or device. flammable liquid containers or 3_ Include a statement ofthc violation or violations and why other equipulent on the premises or within the structure the I1ntil'e is beiug issued. \vhich is in such disrepair or cOllditiClnthat such equipment is a hazard to life. health. properly llr safety of the publie or 4. Ineludt' a cunectiun order alluwing a reasunable time w occupants of the premises (\1' strul-ture. make the repairs and improVl'mcnts relluired to bring the dwellillg ullit or structure into compliance with the pro- .108.1.3 Structure unlit for human OlTlIIHlIIl'Y. A stnK- visions of this u.lde. ture is unfit for human occupancy whenever the code offi- .". Inform the pn.'perty owner of the right to appeal. cial rinds that such structure is unsafe. unlawful or. because of the degree to which the structure is in disrepair or lal'ks 6_ Includl' a statt'ment orthe right tu file a lien iu accordance maintenance. is insanitary. vermin or rat infested. eont~lins . \\ ith Section 106_3_ filth and contamination. or lacks ventilation. illumination_ 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 3