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8N Consent Calendar 2017 0605
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8N Consent Calendar 2017 0605
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5/31/2017 11:06:15 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
6/5/2017
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violation or violations abated, and may order that the responsible party shall bear the costs of <br />such abatement including all administrative costs incurred by the City. <br /> (iii) Failure to appeal the notice of violation constitutes a waiver of the right to appeal <br />the notice of violation. Failure to appeal also waives the right to seek further administrative remedies. <br /> (7) The signature of the citing Enforcement Officer. <br /> (b) Service of notice of violation shall be made upon the responsible party or the <br />owner, personally or by First Class U.S. Mail, with Certificate of Mailing, and if by such mail to <br />the owner it shall be sent to the last known address listed on the most recent tax assessor’s <br />records. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by First Class U.S. Mail, service shall be deemed complete at the <br />time of deposit into the United States mail. Where service is by First Class U.S. Mail upon the <br />owner, a copy of the notice of violation shall be conspicuously posted at the affected property for <br />a period of not less than three (3) calendar days prior to the first date that commencement of <br />corrective action or abatement is to be undertaken. The failure of any person to receive a notice of violation that was sent via First Class U.S. Mail shall not affect the validity of any <br />enforcement proceedings under this Chapter. <br /> (c) Proof of service of the notice of violation shall be certified by a written <br />declaration under penalty of perjury executed by the person effecting service, declaring the date, time, and manner that service was made, and the date and place of posting, if applicable. The declaration, along with the Certificate of Mailing, shall be affixed to a copy of the notice of <br />violation and retained by the Enforcement Officer. <br /> (d) The time allowed for abatement of a violation shall be a “reasonable time” in the <br />judgment of the Enforcement Officer, based upon the circumstances of the particular violation, taking into consideration the means required to abate the violation, the period of time that the nuisance has existed, and the potential threat to public health and safety created by the violation. <br />If the violation pertains to building, electrical, or other similar structural or zoning issues where <br />the violation does not create an immediate threat to health or safety, the responsible party shall <br />be provided not less than ten (10) calendar days in which to correct, abate, or otherwise remedy the violation. <br /> (e) The failure of a notice of violation to satisfy all of the requirements of this <br />provision shall not affect the validity of any other enforcement proceedings under this Code. <br /> <br />1-12-415 ISSUANCE OF ADMINISTRATIVE PENALTIES. <br /> (a) Whenever an Enforcement Officer finds that a provision of this Code has been violated, including but not limited to a failure to comply with a condition imposed by any <br />agreement, entitlement, permit, license or environmental document issued or approved by or on <br />behalf of the City or failure to comply with any County, State or Federal laws the violation of <br />which constitutes a public nuisance, such Enforcement Officer is authorized to issue administrative penalties. Administrative penalties may be issued for the enforcement of any section or provision of this Code. Such penalties may be issued to the responsible party. <br />157
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