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ADMINISTRATION
<br /> 106.2 Notice of violation.The code official shall serve a notice 107.3 Method of service.Such notice shall be deemed to be
<br /> of violation or order in accordance with Section 107. properly served if a copy thereof is:
<br /> 106.3 Prosecution of violation.Any person failing to comply 1. Delivered personally;
<br /> with a notice of violation or order served in accordance with 2. Sent by certified or first-class mail addressed to the last
<br /> ISection 107 shall be deemed guilty of a misdemeanor or civil ]mown address;or
<br /> infraction as determined by the local municipality,and the via
<br /> lction shall be deemed a strict liability offense.If the notice of 3. If the notice is returned showing that the letter was not
<br /> violation is not complied with,the code official shall institute delivered,a copy thereof shall be posted in a conspicu-
<br /> the appropriate proceeding at law or in equity to restrain,cor- ou$ place in or about the structure affected by such
<br /> rect or abate such violation,or to require the removal or termi- notice.
<br /> nation of the unlawful occupancy of the structure in violation 107.4 Penalties.Penalties for noncompliance with orders and
<br /> of the provisions of this code or of the order or direction made notices shall be as set forth in Section 106.4.
<br /> pursuant thereto. Any action taken by the authority having 1075 Transfer of ownership. It shall be unlawful for the
<br /> jurisdiction on such premises shall be charged against the real owner of any dwelling unit or structure who has received a
<br /> estate upon which the structure is located and shall be a lien
<br /> compliance order or upon whom a notice of violation has been
<br /> upon such real estate.
<br /> served to sell,transfer,mortgage,lease or otherwise dispose of
<br /> 106.4 Violation penalties.Any person who shall violate a pro- such dwelling unit or structure to another until the provisions
<br /> vision of this code,or fail to comply therewith,or with any of of the compliance order or notice of violation have been com-
<br /> the requirements thereof,shall be prosecuted within the limits plied with,or until such owner shall first furnish the grantee,
<br /> provided by state or local laws.Each day that a violation con- transferee,mortgagee or lessee a true copy of any compliance
<br /> tinues after due notice has been served shall be deemed a sepa- order or notice of violation issued by the code official and shall
<br /> rate offense. furnish to the code official a signed and notarized statement
<br /> 106.5 Abatement of violation.The imposition of the penalties from the grantee,transferee,mortgagee or lessee;acknowledg-
<br /> herein prescribed shall not preclude the legal officer of the mg the receipt of such compliance order or notice of violation
<br /> jurisdiction from instituting appropriate action to restrain,cor- and fully accepting the responsibility without condition for
<br /> rect or abate a violation, or to prevent illegal occupancy of a making the corrections or repairs required by such compliance
<br /> building, structure or premises,or to stop an illegal act,con- order or notice of violation.
<br /> duct,business or utilization of the building, structure or pre-
<br /> mises. SECTION 108
<br /> UNSAFE STRUCTURES AND EQUIPMENT
<br /> SECTION 107 108.1 General.When a structure or equipment is found by the
<br /> NOTICES AND ORDERS code official to be unsafe,or when a structure-is found unfit for
<br /> 107.1 Notice to person responsible.Whenever the code offi- human occupancy,or is found unlawful,such structure shall be
<br /> cial determines that there has been a violation of this code or condemned pursuant to the provisions of this code.
<br /> has grounds to believe that a violation has occurred, notice 108.1.1 Unsafe structures.An unsafe structure is one that
<br /> shall be given in the manner prescribed in Sections 107.2 and is found to be dangerous to the life, health, property or
<br /> 107.3 to the person responsible for the violation as specified in safety of the public or the occupants of the structure by not
<br /> this code. Notices for condemnation procedures shall also providing minimum safeguards to protect or warn occu-
<br /> comply with Section 108.3. pants in the event of fire,or because such structure contains
<br /> 107.2 Form.Such notice prescribed in Section 107.1 shall be unsafe equipment or is so damaged, decayed,dilapidated,
<br /> in accordance with all of the following: structurally unsafe or of such faulty construction or unstable
<br /> foundation,that partial or complete collapse is possible.
<br /> 1. Be in writing. 108.1.2 Unsafe equipment. Unsafe equipment includes
<br /> 2. Include a description of the real estate sufficient for iden- any boiler, heating equipment, elevator, moving stairway,
<br /> tification. electrical wiring or device,flammable liquid containers or
<br /> 3. Include a statement of the violation or violations and why other equipment on the premises or within the structure
<br /> the notice is being issued. which is in such disrepair or condition that such equipment
<br /> is a hazard to life,health,property or safety of the public or
<br /> 4. Include a correction order allowing a reasonable time to occupants of the premises or structure.
<br /> make the repairs and improvements required to bring the
<br /> dwelling unit or structure into compliance with the pro- 108.1.3 Structure unfit for human occupancy.A struc-
<br /> visions of this code. ture is unfit for human occupancy whenever the code offi-
<br /> 5. Inform the property owner of the right to appeal. cial finds that such structure is unsafe,unlawful or,because
<br /> of the degree to which the structure is in disrepair or lacks
<br /> 6. Include a statement of the right to file a lien in accordance maintenance,is insanitary,vermin or rat infested,contains
<br /> with Section 106.3. filth and contamination,or lacks ventilation,illumination,
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<br /> 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3
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