§ 244.150. Notice of violations.  


Latest version.
  • Whenever the commissioner of health, the fire marshal or the director of regulatory services determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation, of any provision of this Code, notice of such violation or alleged violation shall be given to the person or persons responsible therefor. Such notice shall:

    (a)

    Be in writing;

    (b)

    Include a description of the real estate sufficient for identification;

    (c)

    Specify the violation which exists and remedial action required;

    (d)

    Allow a reasonable time for the performance of any act it requires;

    (e)

    Be served upon the owner, or the operator, or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner, or upon such operator, or upon such occupant if a copy thereof is served upon such owner, operator or occupant personally; or if a copy is left at such owner's, operator's or occupant's usual place of abode with a person of suitable age and discretion then resident therein; or by depositing in the United States Post Office, the notice addressed to such owner's, operator's or occupant's last-known address with postage prepaid thereon; or if service cannot be made by any one (1) of the above means then such notice shall be deemed served if a copy of such notice is posted and kept posted for twenty-four (24) hours in a conspicuous place on the premises affected by such notice.

    Notwithstanding the other provisions of this section, a notice of violation shall not be required for violation of sections 227.90, 240.10, 240.20, 240.30, 240.40, 240.50, 240.60, 240.70, 240.80, 240.90, 240.100, 244.60, 244.240, 244.350, 244.410, 244.430, 244.460, 244.590, 244.610, 244.620, 244.640, 244.660, 244.690, 244.700, 244.760, 244.810, 244.820, 244.850, 244.910, 244.915, 244.930, 244.940, 244.945, 244.960, 244.1080, 244.1090, 244.1260, 244.1360, 244.1450, 244.1490, 244.1500, 244.1510, 244.1575, 244.1610, 244.1810, 244.1970, 385.240, 546.80, 547.80, 548.80 and 549.80. (Code 1960, As Amend., § 67.040; Ord. of 8-29-74, § 1; 78-Or-244, § 3, 11-22-78; 82-Or-106, § 4, 6-11-82; 90-Or-097, § 1, 4-13-90; 91-Or-240, § 1, 12-6-91; 2007-Or-017, § 1, 2-23-07; 2008-Or-039, § 1, 5-16-08; 2013-Or-161, § 6, 12-6-13)