§ 1-8.105. Abatement of unlawful conditions—Notice.

(a)

Whenever the Director of Community Services has inspected and finds that conditions constituting a public nuisance exist thereon, the Director may use the procedures set forth in this chapter to abate such nuisance as authorized by law.

(b)

The Director may issue a Notice and Order for a violation the Director did not see occur if the Director has determined through investigation that the responsible person did commit the violation. A responsible person to whom a Notice and Order is issued shall be liable for and shall pay to the City the fine or fines described in the Notice and Order when due pursuant to the provisions of this chapter.

(c)

Every person who applies for and receives a permit, license or any type of land use approval, e.g., subdivision maps, special use permits, variances, zoning clearances, etc., shall comply with all conditions imposed upon the issuance of the permit, license or other approval. If a person violates any condition of such permit, license or approval, he or she may be issued a Notice and Order and be liable for civil fines under the provisions of this chapter.

(d)

Each day a violation of this Code exists shall be a separate violation and be subject to a separate fine. A Notice and Order may charge a violation for one or more days on which a violation exists and for violation of one or more Code sections.

(e)

The City may take into consideration the fact that a person has been issued Notice and Orders when the City is determining whether to accept an application or to grant, suspend, revoke or deny any permit, license or any type of land use approval for the person and such Notice and Orders are evidence that the person has committed acts that are not compatible with the health, safety and general welfare of other persons and businesses in the City.

(f)

The Director shall issue a Notice and Order to the landowner and the person, if other than the landowner, occupying or otherwise in real or apparent charge and control of the property. The Notice and Order shall contain:

(1)

Name of the responsible person(s) for the violation of this Code;

(2)

Date on which an inspection established the Code violation;

(3)

The Code section violated;

(4)

Address where the Code violation occurred;

(5)

Description of the violation established by inspection;

(6)

A statement advising that if the described conditions are not abated within the time specified, the Director may proceed, as authorized by law, to assess a civil fine as authorized by this chapter;

(7)

A statement assessing the amount and effective date of the fine if voluntary compliance is not obtained by the date established in the Notice and Order;

(8)

Procedures to pay the fine;

(9)

A statement advising that any person having any interest or recorded title in the property may appeal the Notice and Order to the hearing administrator by the date specified in the Notice and Order and appear before the hearing administrator on the date, time and place specified in the Notice and Order. The statement will include instructions as to how to request an appeal;

(10)

A notice that the Code violation is a public nuisance and that collection of unpaid fines can be enforced as an assessment or lien against the property where a property-related Code violation occurs;

(11)

Signature of the Director issuing the Notice and Order;

(12)

Date the Notice and Order is issued;

(13)

Any other information deemed necessary by the City Attorney for enforcement or collection purposes.

(g)

The Notice and Order, and any amended Notice and Order, shall be served by the following method:

(1)

Personal service, first class (regular) mail, or certified mail, postage prepaid, return receipt requested to each person as required pursuant to the provisions of this chapter at the address as it appears on the last equalized assessment roll of the County or as known to the Director. The address of the owner shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. If notice is sent by certified mail, the same notice shall be sent simultaneously by first-class (regular) mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned or stated as undeliverable by the U.S. Post Office.

(2)

The failure of the person with an interest in the property to receive any notice served in accordance with this chapter shall not affect the validity of any proceedings taken under this Code. If the address of the owner of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days.

(h)

Proof of personal service of the Notice and Order shall be documented at the time of service by a declaration under penalty of perjury executed by the person effecting service, declaring the time and manner in which service was made.

(§ 3 (part), Ord. 940, eff. December 24, 1998)