§ 35-5-202. NOTICES AND ORDERS.  


Latest version.
  • (a)

    Notice. The Code Official shall give notice as provided under subsection (b) of this section to the property owner and to the tenant whenever the Code Official:

    (1)

    Determines or has reasonable grounds to believe that there has been a violation of this subtitle; or

    (2)

    Makes a determination to condemn or has condemned all or part of a structure or equipment under the provisions of this subtitle or other applicable codes.

    (b)

    Notice to vacate.

    (1)

    Except as provided under paragraph (2) of this subsection, when a condemnation order is served on a tenant, the Code Official shall give the tenant reasonable time to vacate the structure.

    (2)

    If the Code Official determines that there is an immediate and serious danger to the health, safety, or welfare of the tenants of the condemned structure, the Code Official may order the tenants to vacate immediately.

    (c)

    Transfer of ownership. A property owner who has received a compliance order or a notice of violation may not sell, transfer, mortgage, lease, or otherwise dispose of the premises until:

    (1)

    The provisions of the compliance order or notice of violation have been complied with; or

    (2)

    The property owner:

    (i)

    Provides to the grantee, transferee, mortgagee, or lessee a true copy of the compliance order or notice of violation issued by the Code Official; and

    (ii)

    Provides to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging receipt of the compliance order or notice of violation and stating that the grantee, transferee, mortgagee, or lessee unconditionally accepts and assumes the responsibility for making the corrections or repairs required by the compliance order or notice of violation.

    (d)

    Removal of placard. A property owner, tenant, or other person may not deface or remove a posted placard without the approval of the Code Official.

(1988 Code, § 18-72) (Bill No. 46-96, § 3, 1-1-1997; Bill No. 25-01, § 2, 7-1-2004)