(A) Whenever an enforcement officer determines that a violation of this code exists, the enforcement officer may issue a notice of violation to a responsible person prior to issuing an administrative citation. The notice of violation serves as a written warning of responsibility and requires immediate action by the responsible person to cease and abate the violation. The notice of violation must include the information set forth in this chapter and a date by which the violation can reasonably be ceased and abated. If the violation is not ceased or abated by the end of the correction period stated in the notice, the enforcement officer may issue an administrative citation.
(B) In accordance with Cal. Gov’t Code § 53069.4, no responsible person will be assessed an administrative fine under this chapter for a continuing violation pertaining to a building, plumbing, electrical or similar structural or zoning issue that does not create an immediate danger to the public health or safety without first receiving a notice of violation and a reasonable opportunity to correct or otherwise remedy the violation. In such circumstance, the stated period available to correct the violation prior to the assessment of a fine must be appropriate to the violation as determined by the enforcement officer, but in no event less than five days. If, after the correction period stated in the notice, the violation is not ceased or abated, the enforcement officer may issue an administrative citation.
(C) Any responsible person receiving notice for a continuing violation may petition the City Manager for an extension of time to correct the violation so long as the petition is received before the end of the correction period. The City Manager may grant an extension of time to correct the violation if the responsible person has supplied sufficient evidence showing that the correction cannot reasonably be made within the stated period.
(D) The requirement of a reasonable opportunity to cure a violation does not apply in instances where, in the discretion of the City Manager, a code violation poses an immediate danger to the public health or safety.
(Ord. 550, passed 8-15-2006)