The maintenance on private property of a public nuisance as described in sections 8-03-1030 or 8-03-1045 of this Chapter shall constitute an infraction, punishable under section 125 of this Code, if any of the following conditions are met:
(a)
Such public nuisance is not corrected within fifteen (15) days after the Public Works Director or his or her deputy has notified the property owner of the existence of the public nuisance, and there has been no timely request made to the Resource Management Agency Director for administrative review on the determination of the existence of such public nuisance; or
(b)
If, after administrative review, the administrative review officer has determined that a public nuisance exists, and such public nuisance is not corrected within ten (10) business days following mailing of the notice of the administrative review decision to the property owner, and there has been no timely notice of appeal filed with the Clerk to the Board of Supervisors; or
(c)
If, after administrative review, the administrative review officer has determined that a public nuisance exists, and that such public nuisance may be removed by some procedure proposed by the owner and the administrative review has set a specific time within which the owner must complete the procedure, and such public nuisance is not corrected within the period of time as set by the administrative review officer, and there has been no timely notice of appeal to the County Hearing Officer filed with the Clerk to the Board of Supervisors; or
(d)
If, after an appeal hearing held by the County Hearing Officer under Chapter 31 of Part I of this Code, the County Hearing Officer determines that a public nuisance exists and such public nuisance is not corrected within ten (10) business days following mailing of the notice of the Hearing Officer’s decision to the property owner; or
(e)
If, after an appeal hearing held by the County Hearing Officer, the County Hearing Officer determines that a public nuisance exists and that such public nuisance may be removed by some procedure proposed by the owner and the County Hearing Officer has set a specific time within which the owner must complete the procedure, such public nuisance is not corrected within the period of time as set by the County Hearing Officer.
Each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any such provision of this Chapter is committed, permitted or continued by such person, and shall be punishable therefor as provided hereinabove.
(Amended by Ord. No. 3559, effective 6-20-19)