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106.2 Notice of violation. The code official shall serve a notice
<br />of violation or order in accordance with Section 107.
<br />106.3 Prosecution of violation. Any person failing to comply
<br />with a notice of violation or order served in accordance with
<br />Section 107 shall be deemed guilty of a misdemeanor or civil
<br />infraction as determined by the local municipality, and the vio-
<br />lation shall be deemed a strict liability offense. If the notice of
<br />violation is not complied with, the code official shall institute
<br />the appropriate proceeding at law or in equity to restrain, cor-
<br />rect or abate such violation, or to require the removal or termi-
<br />nation of the unlawful occupancy of the structure in violation
<br />of the provisions of this code or of the order or direction made
<br />pursuant thereto. Any action taken by the authority having
<br />jurisdiction on such premises shall be charged against the real
<br />estate upon which the structure is located and shall be a hen
<br />upon such real estate.
<br />106.4 Violation penalties. Any person who shall violate a pro-
<br />vision of this code, or fail to comply therewith, or with any of
<br />the requirements thereof, shall be prosecuted within the limits
<br />provided by state or local laws. Each day that a violation con-
<br />tinues after due notice has been served shall be deemed a sepa-
<br />rate offense.
<br />106.5 Abatement of violation. The imposition of the penalties
<br />herein prescribed shall not preclude the legal officer of the
<br />jurisdiction from instituting appropriate action to restrain, cor-
<br />rect or abate a violation, or to prevent illegal occupancy, of a
<br />building, structure or premises, or to stop an illegal act, con-
<br />duct, business or utilization of the building, structure or pre-
<br />mises.
<br />SECTION 107
<br />NOTICES AND ORDERS
<br />107.1 Notice to person responsible. Whenever the code offi-
<br />cial determines that there has been a violation of this code or
<br />has grounds to believe that a violation has occurred, notice
<br />shall be given in the manner prescribed in Sections 107.2 and
<br />107.3 to the person responsible for the violation as specified in
<br />this code. Notices for condemnation procedures shall also
<br />comply with Section 108.3.
<br />107.2 Form. Such notice prescribed in Section 107.1 shall be
<br />in accordance with all of the following:
<br />1. Be in writing.
<br />2. Include a description of the real estate sufficient for iden-
<br />tification.
<br />3. Include a statement of the violation or violations and why
<br />the notice is being issued.
<br />4. Include a correction order allowing a reasonable time to
<br />make the repairs and improvements required to bring the
<br />dwelling unit or structure into compliance with the pro-
<br />visions of this code.
<br />5. Inform the property owner of the right to appeal.
<br />6. Include a statement of the right to file a lien in accordance
<br />with Section 106.3.
<br />2006 INTERNATIONAL PROPERTY MAINTENANCE CODE"
<br />ADMINISTRATION
<br />1073 Method of service. Such notice shall be deemed to be
<br />properly served if a copy thereof is:
<br />1. Delivered personally;
<br />2. Sent by certified or first -class mail addressed to the last
<br />known address; or
<br />3. If the notice is returned showing that the letter was not
<br />delivered, a copy thereof shall be posted in a conspicu-
<br />ous place in or about the structure affected by such
<br />notice.
<br />107A Penalties. Penalties for noncompliance with orders and
<br />notices shall be as set forth in Section 106.4.
<br />107.5 Transfer of ownership. It shall be unlawful for the
<br />owner of any dwelling unit or structure who has received a
<br />compliance order or upon whom a notice of violation has been
<br />served to sell, transfer, mortgage, lease or otherwise dispose of
<br />such dwelling unit or structure to another until the provisions
<br />of the compliance order or notice of violation have been com-
<br />plied with, or until such owner shall first furnish the grantee,
<br />transferee, mortgagee or lessee a true copy of any compliance
<br />order or notice of violation issued by the code official and shall
<br />furnish to the code official a signed and notarized statement
<br />from the grantee, transferee, mortgagee or lessee; acknowledg-
<br />ing the receipt of such compliance order or notice of violation
<br />and fully accepting the responsibility without condition for
<br />making the corrections or repairs required by such compliance
<br />order or notice of violation.
<br />SECTION 108
<br />UNSAFE STRUCTURES AND EQUIPMENT
<br />108.1 General. When a structure or equipment is found by the
<br />code official to be unsafe, or when a structure is found unfit for
<br />human occupancy, or is found unlawful, such structure shall be
<br />condemned pursuant to the provisions of this code.
<br />108.1.1 Unsafe structures. An unsafe structure is one that
<br />is found to be dangerous to the life, health, property or
<br />safety of the public or the occupants of the structure by not
<br />providing minimum safeguards to protect or warn occu-
<br />pants in the event of fire, or because such structure contains
<br />unsafe equipment or is so damaged, decayed, dilapidated,
<br />structurally unsafe or of such faulty construction or unstable
<br />foundation, that partial or complete collapse is possible.
<br />108.1.2 Unsafe equipment. Unsafe equipment includes
<br />any boiler, heating equipment, elevator, moving stairway,
<br />electrical wiring or device, flammable liquid containers or
<br />other equipment on the premises or within the structure
<br />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 />occupants of the premises or structure.
<br />108.1.3 Structure unfit for human occupancy. A struc-
<br />ture is unfit for human occupancy whenever the code offi-
<br />cial finds that such structure is unsafe, unlawful or, because
<br />of the degree to which the structure is in disrepair or lacks
<br />maintenance, is insanitary, vermin or rat infested, contains
<br />filth and contamination, or lacks ventilation, illumination,
<br />
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