No one wants to get cited for a code violation. But many of us don?t know what a code violation is or how to deal with it if we get one. So here?s the straight skinny on codes.
There are two types of code violations: property and nuisance. Read on for specifics.
What is a Code Violation?
There are two types of code violations. Property maintenance violations refer to the condition of the buildings on your property, and include:
? peeling paint
? rotten or broken eaves
? broken or cracked windows
? loosely hanging or partially missing rain guttering
? stairs in disrepair, loose or missing boards or railings
? missing shingles or holes in the roof
? holes, cracks, or rotted wood in exterior walls
? peeling paint or non-working doors on garage
? cracked foundation
The other category of code violations, nuisance violations, refer to the upkeep of the grounds of your property and are grouped according to how many days? notice the property owner is given to take care of the problem.
The 10-days? notice group includes:
? litter or trash on premises, including the sidewalk and easement areas
? weeds or grass over 11? high
? improper storage of any material; building materials must be neatly stacked off the ground
? disabled/unlicensed vehicles
? tree limbs or brush laying in the yard
? vehicle parked on unapproved surface; approved surfaces are concrete or asphalt
? animal carcasses
The 15-days? notice group of nuisance code violations includes:
? detention basins
? noxious odors
? buildings open to entry
? raw sewage
? disabled/improperly parked recreational vehicles
? hazardous trees
Who Deals With Code Violations?
The Neighborhood Preservation Division (NPD) of the Department of Neighborhood and Community Services is dedicated to working with us to improve deteriorating properties.
Complaints concerning possible code violations come to NPD via three sources:
? Citizen complaints submitted to the Action Center;
? Citizen complaints submitted directly to NPD; and
? Code violations noted in the field by the inspector.
How are Property Maintenance Code Violations Handled?
When a property maintenance referral is received, the inspector looks at the property to determine whether or not a code violation exists. If there is a code violation, the inspector mails a legal notice letter to the property owner to request the code violation be corrected.
This allows 30 days for the violation to be corrected. After 30 days, the inspector checks to see if the violation has been corrected. If the violation has not been corrected and the property owner has not requested a time extension, the inspector will issue a summons (citation). Extensions require a plan of abatement and continuous progress.
There are resources available to assist qualifying property owners in correcting Property Maintenance code violations. It is the property owner?s responsibility to contact the inspector before the 30 day period expires to inform him/her that resource assistance is needed.
How are Nuisance Code Violations Handled?
When a Nuisance Code complaint is received, a legal notice letter is immediately mailed to either the property owners or occupants. Depending upon the type of Nuisance Code violation, the property owner/occupant has either 10 or 15 days to correct the violation. At the end of that time, the inspector looks at the property to see if a code violation exists. If so, the inspector will issue a summons (ticket). Unfortunately, no time extension is allowed.
What Happens if the Code Violation Isn?t Corrected?
In the event that the code violation is not abated within the notice period time, NPD must issue a summons. The next steps apply to both property maintenance and nuisance code violations.
After a summons is issued to the property owner/occupant, except when indicated that the summons may be paid by mail, the property owner/occupant must appear in Housing Court. During the Housing Court hearing, the property owner/occupant has the opportunity to testify on his/her behalf or to have an attorney represent them.
We all know that blighted properties affect the entire community by encouraging crime and degrading our fair neighborhood. VNA can assist property owners with information and referral services. Call Kathleen Brock at 931-0962. To register a codes complaint on a property, call NCD Customer Service at 513-9000. For other questions, call NCD at 513-9010.
What Kind of Assistance is Available?
Westside Housing Organization (WHO) offers Volker residents low-interest loans for nearly any home improvement project. Interest rates are based on income and top out at a very competitive 7%. Call WHO at 421-8048 for more information.
The Department of Housing & Community Development (HCD) offers a rebate of one-third of the cost of major home repairs, up to $3,000. Applicants must own and reside in the home and meet moderate-income guidelines. Call HCD at 513-3000 before you begin the project.
