A Code Enforcement 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 chapter 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.
(Prior code § 84.01)
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 owner of record, 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;
J. The
amount of the potential fine for the code violation(s); and
K. The
name and signature of the Code Enforcement Officer or other authorized
enforcement agent who issued the notice of violation (citing officer).
(Prior code § 84.02)
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); and
H. The
name and signature of the citing officer.
(Prior code § 84.03)
The notice of violation may be in letter form or any other form which adequately conveys the information set forth in Section
4.20.020 or
4.20.030.
(Prior code § 84.04)
The notice of violation, and any amended or supplemental notice
of violation, should be served upon the person(s) responsible for
the violation(s).
(Prior code § 84.05)
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 the citation to be
sent by first class United States mail 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 chapter. Service by
mail in the manner herein provided shall be affixed to the copy of
the notice of violation and retained by the citing officer.
(Prior code § 84.06; Ord. 540 11-5-13)
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 citation may be served by causing a copy of the 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
the business; or
C. By causing
a copy of the 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 chapter. 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.
(Prior code § 84.07)
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 the notice of violation is deposited in the mail.
(Prior code § 84.08)
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 chapter.
(Prior code § 84.09)