Biggs Municipal Code Art. III Notice Of Violation

A code enforcement officer must, except in cases involving an immediate threat, issue a notice of violation prior to issuing an administrative citation.

(Ord. 359 § 1, 2005)

If the violator is being charged for violations occurring upon real property, the notice of violation should include all of the following information:

(1) The name of the property's record owner, the occupant, if any, and/or the agent, if any, having charge or control of the property;

(2) The date of inspection;

(3) The date(s) of the violation(s) (including whether the violation is of a continuing nature);

(4) The street address or a definite description of the location where the violation(s) occurred;

(5) The code section(s) violated;

(6) A description of the property's condition which violated the applicable codes;

(7) A list of necessary corrections to bring the property into compliance;

(8) The deadline or specific date by which to correct the violation(s) listed in the notice of violation;

(9) A reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline;

(10) The amount of the potential fine for the code violation(s); and

(11) The name and signature of the code enforcement officer who issued the notice of violation ("citing officer").

(Ord. 359 § 1, 2005)

If the violator is being charged for violations not occurring upon real property, the notice of violation shall include all of the following information:

(1) The name of the person(s) responsible for committing the violation(s);

(2) The date(s) of the violation(s) (including whether the violation is of a continuing nature);

(3) The street address or a definite description of the location where the violation occurred;

(4) The code section(s) violated;

(5) A description of the violation(s);

(6) An order prohibiting the continuation or repeated occurrence of the described violation(s);

(7) The amount of the potential fine for the code violation(s); and

(8) The name and signature of the citing officer.

(Ord. 359 § 1, 2005)

The notice of violation may be in letter form or any other form which adequately conveys the information set forth in BMC § 6.28.130 or 6.28.140.

(Ord. 359 § 1, 2005)

The notice of violation, and any amended or supplemental notice of violation, should be served upon the person(s) responsible for the violation(s).

(Ord. 359 § 1, 2005)

A notice of violation that is related to real property may be served by personal delivery to the violator or, if the violator is the owner or occupant of, or has charge or control of the property, the citation may be served by causing a copy of said citation to be sent by certified mail, postage prepaid, return receipt requested, to the address shown on the last available assessment roll. The failure of any such person to receive a copy of the notice of violation shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice of violation and retained by the citing officer.

(Ord. 359 § 1, 2005)

A notice of violation that is not related to the property may be served in any of the following ways: (1) by personal delivery to the violator; (2) if the violator is being charged for violations occurring at a business operating within the city, and the violator is the owner or an employee of the business, the citation may be served by causing a copy of said citation to be sent by certified mail, postage prepaid, return receipt requested to the address shown on any permit or license issued by the city to said business; or (3) by causing a copy of said citation to be sent by certified mail, postage prepaid, return receipt requested, to an address otherwise known to the issuing officer or authorized agent. The failure of any such person to receive a copy of the notice of violation shall not affect the validity of any proceedings or actions taken under this chapter. Service by certified mail in the manner herein provided shall be affixed to the copy of the notice of violation retained by the citing officer.

(Ord. 359 § 1, 2005)

Failure to comply with a notice of violation may result in the issuance of an administrative citation.

(Ord. 359 § 1, 2005)