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ORDINANCE NO. 2005-048 <br />(2) Notice of violation. The code official shall serve a notice of violation or order in <br />accordance with Section 403.05. <br />(3) Prosecution of violation. Any person failing to comply with a notice of violation or <br />o rder served in accordance with Section 403.05 shall be deemed guilty of a <br />misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of <br />✓ iolation is not complied with, the code official shall institute the appropriate proceeding <br />at law or in equity to restrain, correct or abate such violation, or to require the removal <br />o r termination of the unlawful occupancy of the structure in violation of the provisions of <br />this code or of the order or direction made pursuant thereto. Any action taken by the <br />authority having jurisdiction on such premises shall be charged against the real estate <br />u pon which the structure is located and shall be a lien upon such real estate. <br />(4) Violation penalties. Any person who shall violate a provision of this code, or fail to <br />comply therewith, or with any of the requirements thereof, shall be prosecuted within <br />the limits provided by state or local laws. Each day that a violation continues after due <br />n otice has been served shall be deemed a separate offense. <br />(5) Abatement of violation. The imposition of the penalties herein prescribed shall not <br />preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, <br />correct or abate a violation, or to prevent illegal occupancy of a building, structure or <br />premises, or to stop an illegal act, conduct, business or utilization of the building, <br />structure or premises. <br />Section 403.05 Notices and Orders <br />(1) Notice to person responsible. Whenever the code official determines that there <br />has been a violation of this code or has grounds to believe that a violation has <br />o ccurred, notice shall be given in the manner prescribed in Sections 403.05(2) and <br />403.05(3) to the person responsible for the violation as specified in this code. Notices <br />for condemnation procedures shall also comply with Section 403.08 <br />(2) Form. Such notice prescribed in Section 403.5 shall be in accordance with all of the <br />following: <br />1. Be in writing. <br />2. Include a description of the real estate sufficient for identification. <br />3. Include a statement of the violation or violations and why the notice is being <br />issued. <br />4. Include a correction order allowing a reasonable time to make the repairs and <br />improvements required to bring the dwelling unit or structure into compliance with <br />the provisions 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 with Section 403.04(4). <br />(3) Method of service. Such notice shall be deemed to be properly served if a copy <br />thereof is: <br />Coding: Words underscored are additions to text; words in strikethrough format are <br />deletions to text. <br />6 <br />