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Ord 2017-013
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Ord 2017-013
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8/7/2017 5:06:32 PM
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8/7/2017 5:04:44 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
6/5/2017
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PERM
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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 <br /> 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 dleptriod complete at the time of such <br /> 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,I P <br /> r1or 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 <br /> 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 y1h_p person 05ecting service, declaring the date, <br /> time, and manner that service was made, aid the4ted I posting, if applicable. The <br /> ,an Pace of <br /> declaration, along with,tbe,Cerf icate of MA affixed to A copy of the notice of <br /> ifing, shall be aff <br /> violation and retained by the Enforcement Officer. <br /> (d) The time-allowed for abatement o violation shall be a"reasonable time" in the <br /> judgment of the Enforcement based upon"i'6 circumstances of the particular violation, <br /> I , ,, , , , �: �based <br /> taking into consideration the fric4ijs require o abate'the violation, the period of time that the <br /> nuisance has existed, andthe 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 animm6diatc 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 <br /> the violation. <br /> (e) The failure of a notice of violation to satisfy all of the requirements of this <br /> provision shall not aff6ct theYi fidity of any other enforcement proceedings under this Code. <br /> 411 <br /> 1-12-415 ISSUANCE OF ADMINISTRATIVE PENALTIES. <br /> (a) Whenever an Enforcement Officer finds that a provision of this Code has been <br /> 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 <br /> administrative penalties. Administrative penalties may be issued for the enforcement of any <br /> section or provision of this Code. Such penalties may be issued to the responsible party. <br />
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