§ 1.14.040. Notice of violation.  


Latest version.
  • A.

    Whenever an officer determines that a violation of this code exists, the officer shall issue a notice of violation to a responsible person. The notice of violation serves as a written warning of responsibility and allows twenty days for the responsible person to cease and abate the violation. The notice of violation shall include the information set forth below and a date by which the violation can reasonably be ceased and abated. If the violation is not ceased or abated by the end of the correction period stated in the notice, the officer shall issue a notice to abate to a responsible person prior to issuing an administrative citation. The notice to abate serves as a second written warning of responsibility and requires immediate action by the responsible person to cease and abate the violation within seven days of the date of mailing of the notice to abate. If the violation has not ceased or abated within seven days of final notice, the code enforcement officer may issue an administrative citation.

    1.

    Administrative citations will be issued on a form approved by the city attorney, and at a minimum will contain the following information:

    a.

    Name of the person who is charged as a responsible person for the violation;

    b.

    Date, approximate time, and address or definite description of the location where the violation was observed;

    c.

    The code sections or conditions violated and a description of the violation;

    d.

    A description of the actions necessary to correct the violation;

    e.

    An order to the responsible person to immediately correct the violation and an explanation of the consequences of the failure to correct the violation;

    f.

    Whether the offense is a continuing violation which will accrue fines until properly ceased and abated;

    g.

    The amount of the fine for the violation, including the amount due for the initial violation and any prospective daily fine for failure to abate the violation (if applicable to a continuing violation);

    h.

    An explanation of how the fine must be paid and the time period by which it must be paid;

    i.

    Identification of rights of appeal, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation;

    j.

    Notice that the violation is a nuisance and that collection of unpaid fines and costs can be enforced as a lien against the property where the violation occurs and that an unpaid lien can result in the property being involuntarily sold;

    k.

    Signature of the officer issuing the citation.

    B.

    In accordance with Government Code Section 53069.4, no responsible person will be assessed an administrative fine under this chapter for a continuing violation pertaining to a building, plumbing, electrical or similar structural or zoning issue that does not create an immediate danger to the public health or safety without first receiving a notice of violation and a reasonable opportunity to correct or otherwise remedy the violation. In such circumstance, the stated period available to correct the violation prior to the assessment of a fine must be appropriate to the violation as determined by the officer, but in no event less than thirty days. If, after the correction period stated in the notice, the violation is not ceased or abated, the officer may issue an administrative citation.

    C.

    Any responsible person receiving notice for a continuing violation may petition the city manager for an extension of time to correct the violation so long as the petition is received before the end of the correction period. The city manager may grant an extension of time to correct the violation if the responsible person has supplied sufficient evidence showing that the correction cannot reasonably be made within the stated period or has demonstrated that substantial progress has been made towards abating the violation.

    D.

    The requirement of a reasonable opportunity to cure a violation does not apply in instances where in the discretion of the city manager, a code violation poses an immediate danger to the public health or safety.

(Ord. No. 018-2012, § 1, 2-23-12; Ord. No. 067-2017, § 1(A), 5-25-17)