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329 AN ORDINANCE TO AMEND CHAPTER 15.1 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1965, AS AMENDED BY REPEALING SECTIONS 15.1-3, 15.1-4, 15.1-12, 15.1-13 15.1-14 AND TO ORDAIN IN LIEU THEREOF NEW SECTIONS NUMBERED 15.1-3.1, 15.1-3.2, 15.1-3.3, 15.1-7.1 AND 15.1-7.2 THE REPEAL AND NEW SECTIONS RELATING GENERALLY TO ENFORCEMENT OF MINIMUM HOUSING STANDARDS, DEFINING CERTAIN VIOLATIONS THEREOF, PROVIDING PROCEDURES FOR SUCH ENFORCEMENT AND FOR A SYSTEM OF ADMINISTRATIVE APPEALS, PROHIBITING THE EJECTION OF TENANTS UNDER CERTAIN CIRCUMSTANCES IN RETALIATION FOR ENFORCEMENT OF SUCH MINIMUM STANDARDS, AND PROHIBITING THE TRANSFER OF PROPERTY DEEMED TO BE IN VIOLATION OF SUCH STANDARDS ABSENT COMPLIANCE WITH CERTAIN PROVISIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE: (1) THAT §§15.1-3, 15.1-4, 15.1-12, 15.1-13 AND 15.1-14 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1965, AS AMENDED, BE REPEALED. (2) THAT ARTICLE I OF CHAPTER 15.1 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1965, BE AMENDED BY ADDITION OF §§15.1-3.1, 15.1-3.2, 15.1-3.3, 15.1-7.1 AND 15.1-7.2 AS FOLLOWS: SECTION 15.1-3.1. NOTICE OF VIOLATION. WHENEVER THE ENFORCING OFFICER DETERMINES THAT THERE HAS BEEN A VIOLATION OF ANY PROVISION OF THIS CHAPTER, HE SHALL GIVE WRITTEN NOTICE OF EACH VIOLATION TO THE PERSON OR PERSONS RESPONSIBLE THEREFOR AND ORDER COMPLIANCE WITH THIS CHAPTER, AS HEREINAFTER PROVIDED. SUCH NOTICE AND ORDER SHALL: (A) INCLUDE A LIST OF ALLEGED VIOLATIONS, TOGETHER WITH A COPY OF THE SECTIONS OF THIS CHAPTER VIOLATED, AND REMEDIAL ACTION, WHICH IF TAKEN, WILL EFFECT COMPLIANCE WITH PROVISIONS OF THIS CHAPTER. (B) BE SERVED UPON THE OWNER OR OCCUPANT, AS THE CASE MAY REQUIRE, AT THEIR LAST KNOWN ADDRESS BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. SHOULD DELIVERY OF SUCH NOTIFICATION BE REFUSED, OF IF THE WHEREABOUTS OF SUCH PERSON IS UNKNOWN AND CANNOT BE ASCERTAINED BY THE ENFORCING OFFICER IN THE EXERCISE OF REASONABLE DILIGENCE, THE ENFORCING OFFICER WILL MAKE AFFIDAVIT TO SUCH EFFECT AND CAUSE SUCH NOTICE TO BE PUBLISHED IN A NEWSPAPER PUBLISHED IN THIS CITY ONCE A WEEK FOR TWO CONSECUTIVE WEEKS. (C) ORDER THE NOTIFIED PERSON OR HIS DESIGNATED REPRESENTATIVE TO CORRECT THE VIOLATION AT ONCE OR APPEAR IN A HEARING BEFORE THE ENFORCING OFFICER AT A SPECIFIED TIME NOT LESS THAN TEN OR MORE THAN FOURTEEN DAYS AFTER THE DATE SAID NOTICE OF VIOLATION IS RECEIVED OR AFTER PUBLICATION OF SUCH NOTICE; PROVIDED, THAT AFTER THE OWNER HAS RECEIVED NOTICE OF VIOLATION, IF THE PROPERTY BECOMES VACANT, IT SHALL REMAIN VACANT UNTIL THE ACTS REQUIRED BY THE NOTICE HAVE BEEN PERFORMED; AND FURTHER PROVIDED, THAT NO OCCUPANT SHALL BE EJECTED BY AN OWNER OR OPERATOR FROM THE PREMISES WHICH ARE THE SUBJECT OF ANY SUCH NOTICE, EXCEPT FOR NON-PAYMENT OF RENT, UNTIL THE ACTS REQUIRED BY THE ORDER ARE PERFORMED. A VIOLATION OF THIS SECTION SHALL BE A MISDEMEANOR PUNISHABLE AS PROVIDED IN §1-5 OF THIS CODE. (D) UPON CONCLUSION OF SUCH HEARING, THE ENFORCING OFFICER MAY DECLARE SUCH ORDER TO BE IN FULL FORCE OR EFFECT OR MAY MODIFY THE SAME UPON A FINDING THAT ANY OR ALL OF THE ALLEGED VIOLATIONS DO NOT EXIST OR HAVE BEEN CORRECTED OR MAY ESTABLISH, BY AGREEMENT WITH THE VIOLATOR OR OTHERWISE, AN EXTENDED TIME FOR COMPLIANCE WITH THE PROVISIONS OF SUCH ORDER. PROVIDED, HOWEVER, THAT IN ANY CASE IN WHICH THE ENFORCING OFFICER EXTENDS THE TIME FOR COMPLIANCE WITH SUCH ORDER BY MORE THAN TWENTY-ONE DAYS, HE SHALL ESTIMATE THE COST OF REPAIRS AND IMPROVEMENTS NECESSARY TO EFFECT COMPLIANCE WITH THE ORDER AND SHALL REQUIRE THE VIOLATOR TO PROVIDE BOND WITH A SURETY ADEQUATE TO GUARANTEE THE COMPLETION BY THE TIME ESTABLISHED IN SUCH ORDER OF SUCH REPAIRS OR IMPROVEMENTS.