3.22.090 Notice of and civil penalty.
   (a)   Whenever the city manager or his/her designee or enforcement official, as defined in Section 1.12.020, finds that a provision of this chapter has been violated, he or she may issue the responsible person a notice of violation (“NOV”). If an NOV is issued, it shall be served on the responsible person in the manner described in subsection B of this section. The enforcement official shall include the following information in the NOV:
      (1)   The date and location of the violation, including the address or other description of the location where the violation occurred or is occurring and a brief description of the conditions observed that constitute a violation;
      (2)   The name(s) of the responsible person(s), if known;
      (3)   The chapter section(s) violated and a description of the section(s);
      (4)    Actions required to correct, abate or mitigate the nuisance condition or code violation, and a period of time during which action(s) shall be commenced and completed;
      (5)   A statement that the person upon whom the NOV is served may appeal the determination that there is/are violation(s) as alleged, that the person who was served with the NOV is the responsible person, or that the amount of any administrative fine or civil penalty imposed is warranted. The NOV will instruct the person being served as to the proper procedure and time frame for submitting an appeal;
      (6)   If applicable, notice that failure to correct or abate the listed violations in the NOV within the time specified will subject the responsible person to a fine pursuant to Chapter 1.12 or civil penalty pursuant to Section 3.22.100. If a penalty will be imposed, the NOV shall include the amount of the penalty; and
      (7)   The signature of the citing enforcement official and city contact information (address, telephone number) for additional information.
   (b)   The NOV shall be served upon the responsible person personally or by United States mail, first-class postage prepaid, and if by such mail, it shall be sent to the last known address listed on the most recent tax assessor's records or as know to enforcement official. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by first-class mail, service shall be deemed complete at the time of deposit into the United States mail. Where service is by first-class mail, a copy of the NOV shall also be conspicuously posted at the affected property when reasonably practicable for a period of not less than three calendar days prior to the first date that commencement of corrective action or abatement is to be undertaken. The failure to receive an NOV sent via first-class mail shall not affect the validity of any enforcement proceedings under this chapter.
   (c)   Proof of service shall be certified by a written declaration under penalty of perjury executed by the person effecting service, declaring the date, time, and manner of service, and the date and place of posting, if applicable. The declaration shall be affixed to a copy of the NOV and retained by the enforcement official.
   (d)   The failure of an NOV to satisfy all of the requirements of this provision shall not affect the validity of any other enforcement proceedings under this code.
(Ord. 878 § 1 (part), 2008)