Upon determining that a violation of any provision of this Code or Tulare County Ordinance No. 352 exists, the Director may take the following steps:
(a)
Issue a Notice of Violation, Order to Correct, and Notice of Assessment of Civil Fines and Penalties (including Costs), hereinafter referred to as "Notice of Violation," to the property owner by certified mail, personal service, or service by mail, by the Director or a designee, or a peace officer. The Notice of Violation shall specify or contain:
(1)
The name and address of the property owner, and the address and Assessor's Parcel Number ("APN") of the property where the violation exists;
(2)
A statement that a determination has been made that a violation of this Ordinance Code or Tulare County Ordinance No. 352 exists on the identified property and specifying the sections of this Ordinance Code or Tulare County Ordinance No. 352 violated and the conditions constituting each and every violation;
(3)
A specified time period of not less than 30 days from receipt of the Notice of Violation within which the violation must be abated;
(4)
A statement advising the property owner that in the event the violation is not abated by the expiration of the time specified in the Notice of Violation, the property owner shall be subject to administrative fines and penalties under this Chapter and specifying the maximum amount of such fines and penalties;
(5)
A statement that the property owner may submit in writing to the Director any information relating to the determination of the existence of the violation or violations or the amount of the fine to be imposed;
(6)
A statement of the addition potential consequences that could occur if the violation continued after the expiration of the time specified in the Notice of Violation including, but not limited to, criminal prosecution, civil injunction, administrative abatement, judicial abatement, revocation of permits, recordation of Notice of Violation, and withholding of future County permits.
(7)
A statement that the property owner affected by the Notice of Violation may, within fifteen (15) calendar days after delivery or service of the Notice of Violation, request administrative review in writing, in a format to be prepared by the Tulare County Resource Management Agency, to the Director which issued the Notice of Violation, of the findings, determinations and amount of potential fines and penalties set out in the Notice of Violation, pursuant to the procedures set out in section 1-23-5015.
(8)
The Notice of Violation shall contain a statement that, if the owner fails to request administrative review of the determination of administrative fines set out in the Notice of Violation, the determination of fines in the Notice of Violation shall be final.
(b)
The Director may, in his or her discretion, record a copy of the Notice of Determination of Fine with the County Recorder of Tulare County. In the event of such recordation and in the event that the Notice of Violation is subsequently modified, the Director shall record a Notice of Correction. Correction of the violation shall not excuse the owner's liability for costs incurred during the administrative abatement process. In the event that the Notice of Violation is eliminated through the appeal process or because the violations have been corrected, the Director shall record a Notice of Withdrawal of the Notice of Violation or a Notice of Satisfaction and Compliance of the Notice of Violation.
(c)
If the Director or designee determines that an effort is being made to correct the violation, he or she may grant an additional period of time for correction of the violation. Unless a request for administrative review of the Notice of Violation is filed as set out in section 1-23-5015, the Notice of Violation shall constitute the final administrative order or decision of the local agency. It cannot be appealed and cannot be judicially reviewed, because the aggrieved person failed to exhaust available administrative remedies.
(d)
Notwithstanding (a) above, the Director may require immediate abatement of a violation in accordance with Chapter 1 of Part IV of this Ordinance Code if the violation creates an immediate danger to the health and safety of persons or property.
(Added by Ord. No. 3213, effective 11-26-98; amended by Ord. No. 3251, effective 3-8-01; amended by Ord. No. 3493, effective 4-28-16; amended by Ord. No. 3559, effective 6-20-19)