Before issuing a field citation, an administrative citation,
or a notice of public nuisance, a code compliance officer or other
authorized enforcement agent may issue a notice of violation when
he or she determines that an infraction or misdemeanor violation of
the Municipal Code has occurred or that a violation exists which is
deemed to constitute a public nuisance pursuant to the Municipal Code
and/or applicable statute, rule, code or regulation. Nothing in this
Title 14 shall be construed or interpreted to require the issuance
of a notice of violation as a prerequisite to the issuance of a field
citation, an administrative citation, or a notice of public nuisance
or the filing of a criminal complaint.
(Ord. 870 § 2, 2004)
If the violator is being charged for violations occurring upon
real property, the notice of violation should include all of the following
information: (a) the name of the property's record owner, the occupant,
if any, and/or the agent, if any, having charge or control of the
property; (b) the date of inspection; (c) the date of the violation(s);
(d) the street address or a definite description of the location where
the violation(s) occurred; (e) the code section(s) violated; (f) a
description of the property's condition which violated the applicable
codes; (g) a list of necessary corrections to bring the property into
compliance; (h) the deadline or specific date by which to correct
the violation(s) listed in the notice of violation; (i) a reference
to the potential consequences should the property remain in violation
after the expiration of the compliance deadline; (j) the amount of
the potential fine for the code violation(s) associated with the city's
other remedies; and (k) the name and signature of the code compliance
officer or other authorized enforcement agent who issued the notice
of violation ("citing officer").
(Ord. 870 § 2, 2004)
If the violator is being charged for violations not occurring
upon real property, the notice of violation shall include all of the
following information: (a) the name of the person(s) responsible for
committing the violation(s); (b) the date of the violation(s); (c)
the street address or a definite description of the location where
the violation occurred; (d) the code section(s) violated; (e) a description
of the violation(s); (f) an order prohibiting the continuation or
repeated occurrence of the described violation(s); (g) the amount
of the potential fine for the code violation(s) associated with the
city's other remedies; and (h) the name and signature of the citing
officer.
(Ord. 870 § 2, 2004)
The notice of violation may be in letter form or any other form which adequately conveys the information set forth in Section 14.70.020 or 14.70.030.
(Ord. 870 § 2, 2004)
The notice of violation, and any amended or supplemental notice
of violation, should be served upon the person(s) responsible for
the violation(s).
(Ord. 870 § 2, 2004)
A notice of violation that is related to real property may be
served by personal delivery to the violator or, if the violator is
the owner or occupant of, or agent who has charge or control of, the
property, the notice of violation may be served by causing a copy
of said notice to be sent by certified mail, postage prepaid, return
receipt requested, to the address shown on the last available assessment
roll. The failure of any such person to receive a copy of the notice
of violation shall not affect the validity of any proceedings or actions
taken under this Title 14. Service by certified mail in the manner
herein provided shall be affixed to the copy of the notice of violation
and retained by the citing officer.
(Ord. 870 § 2, 2004)
A notice of violation that is not related to real property may
be served in any of the following ways: (a) by personal delivery to
the violator; (b) if the violator is being charged for violations
occurring at a business operating within the city, and the violator
is the owner or an employee of the business, the notice of violation
may be served by causing a copy of said notice to be sent by certified
mail, postage prepaid, return receipt requested to the address shown
on any permit or license issued by the city to said business; or (c)
by causing a copy of said notice to be sent by certified mail, postage
prepaid, return receipt requested, to an address otherwise known to
the issuing officer or authorized agent. The failure of any such person
to receive a copy of the notice of violation shall not affect the
validity of any proceedings or actions taken under this Title 14.
Service by certified mail in the manner herein provided shall be affixed
to the copy of the notice of violation retained by the citing officer.
(Ord. 870 § 2, 2004)
Service of a notice of violation which is personally served
shall be deemed completed at the time of such personal service. Service
of a notice of violation which is served by mail is deemed completed
on the date said notice of violation is deposited in the mail.
(Ord. 870 § 2, 2004)
Failure to comply with a notice of violation may result in the
issuance of a field citation, an administrative citation, or a notice
of public nuisance, or such other action or proceeding pursuant to
this Title 14.
(Ord. 870 § 2, 2004)
