14.17.030 Investigation and notice of violation.
A. Investigation. The building official/fire marshal shall investigate any structure or use which the building official/fire marshal reasonably believes does not comply with the standards and requirements of this title.
B. Notice of Violation. If, after investigation, the building official/fire marshal determines that the standards or requirements of this title have been violated, the building official/fire marshal shall serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall contain the following information:
1. A separate statement of each standard, code provision or requirement violated;
2. What corrective action, if any, is necessary to comply with the standards, code provision or requirements;
3. A reasonable time for compliance;
4. A statement that if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution.
C. Service. The notice shall be served on the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown of service cannot be accomplished and the building official/fire marshal makes an affidavit to the effect, then service of the notice upon such person(s) may be made by:
1. Publishing the notice once each week for two consecutive weeks in the city’s official newspaper; and
2. Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address as shown on the official Thurston County assessor’s parcel data, or if unknown, to the address of the property involved in the proceedings.
D. Posting. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.
E. Other Actions May be Taken. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to the Lacey Municipal Code.
F. Optional Notice to Others. The building official/fire marshal may mail, or cause to be delivered, to all residential and/or nonresidential rental units in the structure or post at a conspicuous place on the property, a notice which informs each recipient or resident about the notice of violations, stop work order or emergency order and the applicable requirements and procedures.
G. Amendment. A notice or order may be amended at any time in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation.
H. Withdrawal. The city may choose to withdraw a notice of violation at any time, without prejudice to the city’s ability to reissue it, if a certificate of compliance has not been obtained for the specific violations. (Ord. 1293 §10, 2007).