West Hollywood Municipal Code Ch. 9.66 Recording Notice of Violation

a. Whenever the Director determines that a violation of city codes or applicable state codes exists, the Director may issue a notice of violation to a responsible person who may include the property owner and/or a financial institution with an interest in the land. The notice of violation shall include the following information:

1. The street address of the property;

2. The name of the property's owner of record;

3. The code sections in violation;

4. A description of the property's condition which violates the applicable codes;

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

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

7. Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline including, but not limited to, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation, the withholding of future municipal permits, criminal prosecution and civil injunction.

b. Once the Director has issued a notice of violation to any person and the property remains in violation after the deadline established in the notice of violation, the Director may record a notice of violation with the Recorder's Office of Los Angeles County.

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

c. A copy of the recorded notice of violation shall be served on the responsible person and property owner pursuant to any of the methods of service set forth as follows:

1. Posting a notice in a conspicuous place on or in front of the property in question; or

2. By personal service on the owner(s); or

3. By first class mail or registered or certified mail addressed to the owner(s) of the property at their last known address. If there is no known address for the owner, lessee, occupant and other person having charge or control of the property, the notice shall be sent to the property address. Service shall be completed at the time of deposit into the United States mail.

d. Notice of compliance procedures shall be as follows:

1. 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.

2. Once the Director receives this request, the Director shall reinspect the property within thirty calendar days 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.

3. The Director shall serve a notice of compliance to the responsible person or property owner in the manner provided in subsection (c) of this section if the Director determines that:

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

B. All necessary permits have been issued and finalized; and

C. All civil penalties assessed against the property have been paid; and

D. The party requesting the notice of compliance has paid an administrative fee to reimburse the city for all incidental and administrative expenses.

e. If the Director denies a request to issue a notice of compliance, the Director shall serve the responsible person or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service set forth in subsection (c) of this section. The Director's decision denying a request to issue a notice of compliance constitutes the final decision in the matter and is not appealable.

f. The City of West Hollywood may withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property identified in the notice of violation, or any permits pertaining to the use and development of the real property or the structure. The City of West Hollywood may withhold permits until a notice of compliance has been issued by the Director. The City of West Hollywood may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.

g. The Director shall issue a signed notice of compliance stating that it cancels the notice of violation once all violations have been corrected and all fines, penalties, and costs have been paid. The notice of compliance shall be provided to the property owner within thirty calendar days to record with the Recorder's Office of Los Angeles County. The notice of compliance shall have the effect of canceling the recorded notice of violation.

(Ord. 19-1090 § 8, 2019)