Yreka Municipal Code Ch. 11.40 Alternative Enforcement Procedures

It is the intent of this chapter to specify alternative enforcement procedures for violations of any of the building regulations or uniform codes adopted pursuant to this title. The procedures in this chapter are alternatives to and in addition to any other procedures provided by this title, the uniform code adopted, or otherwise provided by law. "Building Official" as used in this chapter means the building official for the city or such other person as may be appointed by the director of public works to enforce the provisions of this title.

(Ord. 692 (part), 1994).

The building official shall follow the procedures outlined in this chapter in the investigation and enforcement of violations of this title.

(a) Notice to Comply. When it is determined by the building official that a violation of this title exists, all known responsible persons shall be notified by registered or certified mail of the nature of the violation. The notice shall state that said responsible persons have seven working days in which to correct the violation. The building official may extend the seven-working-day period if he determines that reasonable progress is being made to correct the violation.

(b) Notice to Appear Citation. The building official or his authorized agent shall issue a notice to appear citation to the responsible party in the following instances:

(1) When the seven-working-day period noted in subsection (a) of this section has lapsed and the violation has not been corrected;

(2) When the extension period noted in subsection (a) of this section has lapsed and the violation has not been corrected;

(3) Immediately upon observing the responsible party committing a violation of this title.

If, after the notice to appear citation is issued, the responsible party has complied with all applicable provisions of this title, the citation may be dismissed by the building official. The responsible party shall provide the proof of correction by the building official to the court clerk.

(c) Infraction. The responsible person(s) shall be guilty of an infraction if the violation still exists after the seven-working-day period, or any extensions thereto, has lapsed, or immediately upon being observed in violation of any provision of this title. Each day, or portion thereof, the violation still exists shall be a new and separate offense. The first three violations of the same section of this chapter on the same property shall be considered infractions and shall be punished as follows:

(1) For the first violation, a fine of one hundred dollars, plus any additional penalties assessed by the court;

(2) For the second violation, a fine of two hundred dollars, plus any additional penalties assessed by the court;

(3) For the third violation, a fine of five hundred dollars, plus any additional penalties assessed by the court.

(d) Misdemeanor. If the number of violations of the same section of this title on the same property exceeds three, the responsible person(s) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as follows:

(1) By a fine of not more than five hundred dollars; or

(2) By imprisonment in the county jail for a term of not more than six months; or

(3) By such fine and/or imprisonment as noted in subdivisions (d)(1) and (d)(2) of this section.

(e) Action by City Attorney. Notwithstanding subsections (a) through (c) of this section, the city attorney may file a misdemeanor for any violation of this title and shall take other steps and apply to such court as may have jurisdiction to grant such relief.

(Ord. 692 (part), 1994).

(a) Recording Notice. Whenever the building official or his authorized agent determines that a violation of the regulations specified in Section 11.40.010 of this chapter exists, the building official or his authorized agent may record a notice of code violation with the office of the county recorder after notice or hereinafter provided. The owner(s) of record of the property on which the violation is situated and any other person responsible for the violation shall be notified of the recordation. Notice to the owner(s) shall be sent to the address shown on the most recent tax roll. An office hearing with the building official may be requested within twenty days of receiving the intent to record a notice of code violation.

(b) Releasing Notice. The building official or his authorized agent shall submit a release of notice of code violation to the county recorder when it is determined that noncomplying conditions have been corrected or removed. A fee, as charged by the Siskiyou County recorder may be charged the property owner for submittal of a release of notice of code violation.

(Ord. 692 (part), 1994).