After a complaint has been made an Enforcement Specialist will visit the property generally within two business days to determine if the owner has violated a property maintenance code.
If a violation exists, the Enforcement Specialist will leave a notice on the door and/or mail a copy to the property owner. The notice will identify the violation(s) and specify a date when all cleanup and repairs should be completed.
Letter of Intent to Correct
The Enforcement Specialist has the option to offer a Property Owner/ Resident a Letter of Intent to Correct for violations due to circumstances i.e. weather conditions, financial difficulties, family illness, will not be corrected within the time frame indicated on the Inspection Report. In order to obtain a Letter of Intent the property owner must contact the Enforcement Specialist and request a Letter of Intent.
The Property Owner/Resident and the Enforcement Specialist must agree on the extension date being requested and the Letter of Intent form must be signed and returned the Neighborhood Preservation office prior to the deadline date listed on the inspection form.
If the violation is not corrected by the deadline, the Enforcement Specialist has the following enforcement options:
- Notice to Appear in Municipal Court
The Enforcement Specialist may choose to issue a Mandatory or Non – Mandatory Notice to Appear in Municipal Court. These notices can be issued to a property owner, person in control of a property or a tenant.
- Mandatory Notice to Appear in Municipal Court
The defendant is required to appear in Municipal Court before a Municipal Judge on the date designated on the Notice to Appear Form.
- Non Mandatory Notice to Appear in Municipal Court
- The defendant has the option of waiving their court appearance and of pleading "no contest" or "guilty" and can mail the fine amount listed on the reverse side of the Non-Mandatory Notice to Appear to the Municipal Court.
- This type of ticket is reserved for scheduled fine violations.
Scheduled fine violations are those violations where there is a pre-set fine for a guilty finding. This fine amount automatically increases if the defendant is found guilty for the same violation a second time.
Should it become necessary to issue a third ticket for the same violation, a Mandatory Notice to Appear in Municipal Court may be issued. You are then required to appear in front of a Municipal Judge. The fine amount for a guilty finding on a third offense of the same violation is at the Judge’s Discretion, and may carry a fine of up to $500 for each day the violation remains uncorrected.
- Issuance of a Work Order for Abatement of a Violation
After proper notification, an Enforcement Specialist may choose to issue a work order to correct or remove a violation from a property. A work order might be issued in a case of tall weeds and grass or for removing trash and debris stored on a property. When the city abates a violation:
- The property owner is responsible for the cost of the work and a $100 administrative fee.
- The property owner, person in control of the property and/or tenant is subject to receive a Mandatory Notice to Appear in Municipal Court. The fine for this type of violation can be up to $500 per violation, per day.
If a Notice to Appear is issued for the abatement of a violation and the defendant is found guilty, the city will request that the defendant be ordered to make restitution for any outstanding abatement costs, associated with issuing a work order. A guilty finding may carry a fine amount up to $500 per day, per violation.