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Whenever an administrative citation has been issued for the undertaking of any activity without a permit, license, or franchise required by this code and the amount of the administrative fine imposed for that violation is delinquent, no permit, license, or franchise for that activity shall be issued unless and until the delinquent administrative fine and any applicable penalties and interest are first paid. A permit may be issued to correct outstanding violation(s) of this code provided the owner has entered into a settlement and payment agreement to the satisfaction of the City Manager after first considering the circumstances, severity and extent of the violation.
(Ord. 638-C.S., passed 2-6-01; Am. Ord. 746-C.S., passed 11-17-09)
The administrative citation and all notices authorized or required to be given by this subchapter shall be deemed served when made in writing and either personally delivered to the person cited or responsible for the violation or deposited in the United States mail, in a sealed envelope with first class postage prepaid, addressed to such person at his or her last known address as the same appears in the latest equalized assessment roll of Humboldt County. Service by mail shall be deemed to have been completed at the time of deposit in the United States Post Office depository. Failure of any person to receive any citation or notice specified in this subchapter shall not affect the validity of the citation or notice or of the proceedings conducted hereunder.
(Ord. 638-C.S., passed 2-6-01)
(A) Generally. Except as provided in division (B), when a violation consists of a violation of building, fire, electrical, mechanical, plumbing or zoning regulations set forth in this code, or any violation of this code, the enforcement officer may issue a written notice of violation to any person or persons responsible for the violation prior to the issuance of an administrative citation for that violation. The notice of violation shall contain all of the following:
(1) The date and location that the violation was observed;
(2) The section of this code violated and a description of the violation;
(3) The actions required to correct the violation;
(4) A reasonable and definite time period for the correction of the violation; and
(5) Notice that if the violation is not corrected by the date specified in the notice of violation, an administrative citation may be issued and administrative fines may be imposed.
(B) Exceptions. An administrative citation may be issued in lieu of a notice of violation if:
(1) The person responsible for the violation was issued an administrative or infraction citation for violation of the same provision of this code within the immediately preceding 12 months;
(2) The violation constitutes, in the opinion of the enforcement officer, an immediate threat to the health or safety of any person or the public generally;
(3) One or more other violations exist on the property, any one of which is not subject to §10.45; or
(4) The person responsible for the violation currently owes the city unpaid administrative fines that are delinquent.
(Ord. 638-C.S., passed 2-6-01)
If the enforcement officer determines that all violations listed in the notice of violation have been corrected within the time specified in the notice of violation, an administrative citation shall not be issued. If the enforcement officer determines that any or all violations listed in the notice of violation have not been corrected within the time specified, an administrative citation may be issued for each uncorrected violation or the enforcement officer may invoke any other remedy provided by law.
(Ord. 638-C.S., passed 2-6-01)
(A) Any recipient of an administrative citation may contest that there was a violation of this code or of any code adopted by the city, or that he or she is responsible party, by completing a request for hearing form and returning it to the City Clerk within 30 days from the date of administrative citation, together with an advance deposit of the fine or notice that a request for an advance deposit hardship waiver has been filed pursuant to § 10.49.
(B) A request for hearing form may be obtained from the City Clerk.
(C) The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.
(D) If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report shall be served on the person requesting the hearing at least five days prior to the date of the hearing.
(Ord. 638-C.S., passed 2-6-01)
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