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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2006-016 (1413) AN ORDINANCE AMENDING CHAPTER 1-12, TITLE 1 OF THE SAN LEANDRO MUNICIPAL CODE RELATING TO CITATIONS AND NOTICES OF VIOLATION The City Council of the City of San Leandro does ORDAIN as follows: Section 1. Section 1-12-140 is amended to read as follows: "A separate offense shall be deemed committed each day a violation of this Code occurs or continues. Any condition of real property that constitutes a violation of this Code, where the same, substantially similar, or related violations have been the subject of two or more enforcement actions within any twelve (12) month period, is deemed to be a continuing violation. For the purposes ofthis section, "enforcement action" shall mean any notice of violation, including a warning or courtesy notice, hearing, citation, complaint or petition, or any administrative or judicial order under authority of this Chapter or pursuant to any other legal authority. Any subsequent enforcement action with respect to such continuing violation may include issuance of a written order prohibiting future violations of this Code, establishing fines for subsequent violations, and authorizing the City, or an agent or contractor of the City, to enter onto the affected property and abate the condition that is the subject of said enforcement action, and allowing recovery by the City of the costs of future enforcement actions. The amount of any penalty imposed for subsequent violations shall substantially conform to the recommended amount for repeated violations, as described in Section 1-12-410(g) ofthis Chapter. Section 2. Section 1-12-410(a)(4)(i) is amended to read as follows: "(i) The amount of the penalty to be imposed for each violation up to a maximum penalty of One Hundred Fifty Dollars ($150) for a first violation, Three Hundred Dollars ($300) for a second violation of the same ordinance within one year, and Six Hundred Dollars ($600) for each additional violation within one year, and the first day that any such penalty will be imposed. " Section 3. Section 1-12-410(b) is amended to read as follows: "(b) Service of notice of violation shall be made upon the responsible party or the owner, personally or by First Class U.S. Mail, with Certificate of Mailing, and ifby such mail to the owner it shall be sent to the last known address listed on the most recent tax assessor's 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 time of deposit into the United States mail. Where service is by First Class U.S. Mail upon the owner, a copy ofthe notice of violation shall be conspicuously posted at the affected property for a period of not less than three (3) calendar days prior to the first date that commencement of 811423-2