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.010 A responsible person issued a notice of violation pursuant to this chapter may request a preliminary review, if the request is received by the Department within ten (10) days of the date the notice is issued.
.020 To obtain a preliminary review, the responsible person or his or her representative shall contact the Department at City Hall and bring a copy of the notice of violation and file a signed written request, stating the reasons why and any evidence showing no violation occurred or exists, or why he or she is not a person responsible for the violation. All filed requests shall be date stamped upon receipt by the department.
.030 The preliminary review shall be conducted by the Manager or his or her designee. The reviewer shall not be the Code Enforcement Officer who issued the notice. The purpose of the review is to uncover and cancel any mistakenly issued notices due to errors that are readily verifiable, and not to resolve factual disputes concerning any violation that is the subject of the notice.
.040 The preliminary review shall be decided on the same day filed, or within three (3) business days thereafter, and shall consist of a review of the notice of violation and the written statement and any other evidence submitted at the time of the request by the responsible person.
.050 The recipient shall be notified of the results of the review by being given a written notice of decision. The notice may be given by mail, facsimile transmission, or in person. The department shall keep a record of all preliminary review requests, decisions, and notices for a minimum period of two (2) years.
.060 A request for preliminary review does not extend any time periods for compliance, including the fine due date, the time any correction period ends, or the time within which to request an administrative review.
.070 If, following a preliminary review, the reviewer determines that no Code violation occurred or that the recipient was not a person responsible for the violation, the notice of violation shall be canceled. (Ord. 5930 1 (part); July 27, 2004.)
.010 Any Code Enforcement Officer, upon determining that a provision of this Code which he or she is authorized and charged to enforce has been violated, has the authority to issue a civil citation to any person(s) responsible therefor. A Code Enforcement Officer may issue a citation for a violation not committed in the Officer's presence if the Officer has determined through investigation that the responsible person cited did commit the violation. A responsible person to whom a citation is issued shall be liable for and shall pay to the City the fine(s) described in the citation when due pursuant to the provisions of this chapter.
.020 Each day a violation of this Code exists shall be a separate violation and shall be subject to a separate civil citation and fine, subject to the limitations set forth in Section 1.20.030.040 of this chapter. A citation may charge a violation for one or more days on which a violation exists, and for violation of one or more Code provisions. (Ord. 5930 1 (part); July 27, 2004.)
Each citation issued pursuant to this chapter shall contain, at a minimum, the following information:
.010 Name of the person responsible for the violation of any provision of this Code.
.020 Date on which the Code violation occurred or, in the case of a continuing violation, the date the Code violation was first known or observed to have occurred by the Code Enforcement Officer issuing the citation.
.030 The Code section(s) violated.
.040 Address of the property where the Code violation occurred. In the event the property does not have a legal address, or such address is unknown to the Code Enforcement Officer, a description of the property reasonably sufficient to identify the site of the violation shall be sufficient.
.050 Description of the violation(s).
.060 Amount of the fine for each violation, and procedure to pay the fine(s) and avoid a late payment penalty and/or any interest charges.
.070 Description of the procedure for requesting a waiver of fine deposit and/or an administrative review to contest the citation.
.080 Signature of the Code Enforcement Officer issuing the citation.
.090 Date the citation is issued.
.100 A self-addressed envelope in which the citee can mail or deliver to the City the fine, or request a waiver of fine deposit or request an administrative review.
.110 Any other information deemed necessary or appropriate by the Code Enforcement Officer or Manager. (Ord. 5930 1 (part); July 27, 2004.)
Any citation or notice issued or given pursuant to any provision of this chapter may be served, and shall be deemed received on the date when served, in any of the following manners:
.010 A Code Enforcement Officer may personally serve the notice or citation on the responsible person or citee. When personally served, the responsible person or citee shall be requested to sign a copy of the notice or citation showing his or her receipt thereof. If the responsible person refuses or otherwise fails to sign the notice or citation, the Code Enforcement Officer shall so indicate on the notice or citation. Neither the refusal or failure of the responsible person or citee to sign the notice or citation, nor the failure of the notice or citation to contain all of the information otherwise required by any provision of this chapter, shall affect the validity of the notice or citation or the validity of its service.
.020 A Code Enforcement Officer may mail the notice or citation by first class mail, if the responsible person or citee is not present for personal service when the Officer issues the notice or citation. When served by mail, the notice or citation shall be mailed to the citee's address shown on the county's last equalized property tax assessment rolls for a property-related violation, or to any address known for the citee for all other violations.
.030 A Code Enforcement Officer may post a copy of the notice or citation in a conspicuous place on the property on which any property-related Code violation exists or existed. When served by posting, a copy of the notice or citation shall also be mailed by first class mail to the responsible person or citee at the address of the property where the violation exists or existed. Failure of the responsible person or citee to receive the posted or mailed copy of the notice or citation, or both, shall not affect the validity of the notice or citation or the validity of its service.
.040 Any notice or order required or authorized to be given by the Manager or the Hearing Officer, or their designees, pursuant to any provision of this chapter shall be given in the manner provided in this section. (Ord. 5930 1 (part); July 27, 2004.)
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