A code compliance officer or other authorized enforcement agent
may issue a notice of violation in lieu of issuing a field citation,
an administrative citation or a notice of public nuisance, provided
that grounds exist to issue a field citation, an administrative citation
or a notice of public nuisance or to file a criminal complaint as
set forth in this title. Nothing in this title 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. 504 § 2, 1999; Ord. 776 § 48, 2016)
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;
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; and
J. The
name and signature of the code compliance officer or other authorized
enforcement agent who issued the notice of violation ("citing officer").
(Ord. 504 § 2, 1999; Ord. 776 § 49, 2016)
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. The
deadline or specific date by which to correct the violation(s) listed
in the notice of violation;
G. The
name and signature of the citing officer.
(Ord. 504 § 2, 1999; Ord. 776 § 50, 2016)
The notice of violation may be in letter form or any other form which adequately conveys the information set forth in Section
13.55.020 or
13.55.030.
(Ord. 504 § 2, 1999)
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. 504 § 2, 1999)
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 has charge or control of the property,
the citation may be served by causing a copy of said citation 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. 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. 504 § 2, 1999)
A notice of violation that is not related to the 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 citation may be served
by causing a copy of said citation 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 citation 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. 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. 504 § 2, 1999)
Service of a notice of violation which is personally served
shall be deemed completed at the time of such delivery. 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. 504 § 2, 1999)
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.
(Ord. 504 § 2, 1999)