Article II — Notice of Violation

Whenever it is determined that a violation of this code, adopted uniform codes, or applicable state codes exists, the director, the community improvement officer, or other duly authorized agent may issue a notice of violation to the responsible person(s). The notice of violation shall include the following information:

A.

The name of the responsible party;

B.

The name of the owner, if different from the responsible person;

C.

Street address of the property at issue;

D.

The code sections in violation;

E.

A description of the conditions which violates the applicable codes;

F.

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

G.

A deadline or specific date to correct the violations listed in the notice of violation; and

H.

A list of the potential consequences for failure to comply with the notice including, but not limited to: criminal prosecution, civil injunction, administrative abatement, administrative citations, civil penalties, revocation of permits, recordation of the notice of violation, and withholding of future municipal permits.

(Ord. 1777 § 1 (part), 2006)

Whenever any notice is required to be given under this code, the notice shall be served in the following manner unless a different procedure is specifically stated to apply:

A.

Personal service or certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice shall be sent by regular mail to the responsible person. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail.

B.

Posting the notice conspicuously on or in front of the subject property.

C.

Mailings to the property owner shall be sent to the address listed in the last equalized assessment roll of the San Joaquin County assessor.

D.

In the event the responsible person is someone other than the property owner, a copy of the notice shall also be mailed to the property owner.

Service by certified or regular mail in the manner described above shall be effective on the date of mailing.

The failure of any person with an interest in the subject property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this chapter.

The notice requirements in this section do not apply to initial notices of violation, courtesy notices, which may be sent by regular mail. Service of a courtesy notice by regular mail is effective on the date of mailing.

(Ord. 1777 § 1 (part), 2006)

Proof of giving any notice may be made by the certificate of any officer or employee of the city, or by affidavit of any person over the age of eighteen years, which shows service in conformity with this chapter, or other provisions of law applicable to the subject matter concerned.

(Ord. 1777 § 1 (part), 2006)

The city council finds that there is a need to give notice of pending enforcement actions to persons who may subsequently acquire the property as a means by which to ensure the violations will be corrected. An appropriate method to accomplish this is through the issuance and recordation of notices of violation. The procedures established in this chapter shall be in addition to criminal, civil, or any other remedy established by law, which may be pursued to address violations of this code or applicable state codes.

(Ord. 1777 § 1 (part), 2006)

A.

Once a director has issued a notice of violation to a responsible person and the property remains in violation after the deadline established in the notice of violation, the director may record the notice of violation with the San Joaquin County recorder's office.

B.

Before recordation, a director shall provide to the responsible person a notice of intent to record stating that a notice of violation will be recorded unless a written request to appeal this action is received pursuant to the procedures outlined in this chapter. The letter shall be served in accordance with the methods set forth in this chapter.

C.

If a written request to appeal is not received within the time frame specified, the director may thereafter cause the notice of violation to be recorded, if the violations remain.

D.

The recorded notice of violation shall include the name of the property owner, the assessor's parcel number, the street address, the parcel's legal description, and a copy of the latest notice of violation.

E.

Any costs associated with recording or removal of the notice of violation may be assessed against the property as provided for in this chapter.

(Ord. 1777 § 1 (part), 2006)

A copy of the recorded notice of violation shall be mailed to the responsible person and to the property owner and/or any other persons who have requested copies of such notices pursuant to any of the methods of service set forth in this chapter.

(Ord. 1777 § 1 (part), 2006)

A.

An appeal of the director's notice of intent to record the notice of violation shall follow the procedures set forth in this chapter.

B.

Upon receiving a written appeal, the director shall schedule a hearing pursuant to the procedures set forth in this chapter. The purpose of the hearing is for the responsible person or property owner to state any reasons why a notice of violation should not be recorded.

C.

The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of violation.

(Ord. 1777 § 1 (part), 2006)

A.

At the appeal hearing, the hearing officer shall only consider evidence that is consistent with the city attorney's rules and procedures for administrative hearings, and that is relevant to the following issues:

Whether the conditions listed in the notice of violation violate the this code or applicable state codes; and

Whether the director afforded the responsible person with due process by adhering to the notification procedures specified in this chapter.

B.

If the hearing officer affirms the director's decision, the director may proceed to record the notice of violation.

C.

If the hearing officer determines that recordation is improper, the hearing officer shall invalidate the director's decision to record the notice of violation.

(Ord. 1777 § 1 (part), 2006)

A.

When the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the director a written request for a notice of compliance on a form provided by the city.

B.

Once the director receives this request, the director shall reinspect the property within ten days from receipt of the request to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.

C.

The director shall provide a notice of compliance to the responsible person or property owner if the director determines that:

All violations listed in the recorded notice of violation have been corrected;

All necessary permits have been issued and finalized;

All administrative fines or civil penalties have been paid; and

The party requesting the issuance of the notice of compliance has paid an administrative fee to reimburse the city for all administrative costs.

D.

Administrative costs may include costs incurred in the investigation, inspection, reinspection, title search, appeal hearing, and any other processing costs associated with the violations specified on the notice of violation.

E.

If the director denies a request to issue a notice of compliance, the director shall serve the requesting party, the responsible person, and the property owner with a written explanation within five days from the inspection setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in this chapter

F.

The director's decision denying a request to issue a notice of compliance constitutes the final decision in the matter and is not appealable.

(Ord. 1777 § 1 (part), 2006)

For properties where a notice of violation has been recorded, the city may withhold permits for repair, construction, and/or alteration on the affected property until a notice of compliance has been issued by the director. The city may not withhold permits, which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.

(Ord. 1777 § 1 (part), 2006)

The director shall record or cause to be recorded the notice of compliance with the San Joaquin County recorder's office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation.

(Ord. 1777 § 1 (part), 2006)