A. Issuance: When a public official has a reasonable belief that a violation has occurred or is occurring, the public official may issue a notice of violation and abatement. This notice shall clearly describe the code violation(s), required corrective action(s) to abate the violation, schedule of performance, and alternative actions available to the responsible party and the city.
B. Contents: The notice of violation and abatement shall contain the following:
1. Name and address of the person responsible for the violation;
2. Street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;
3. Description of the violation(s) and a reference to the provision(s) of this code, ordinance, or regulation that has been violated;
4. Description of the necessary corrective action(s) required to abate the public nuisance or unsafe condition, which may include corrections, repairs, demolition, removal, or any other appropriate action;
5. Statement that required corrective action(s) must be taken within thirty (30) calendar days from the date of the notice of violation and abatement, after which the city may abate the public nuisance in accordance with the provisions of this title; except that if the public official determines that a longer time than thirty (30) days is necessary to complete the required corrective action(s), an alternative reasonable, specific time may be set by the public official;
6. Statement that the responsible party to whom a notice of violation and abatement is directed may request an appeal proceeding by the Long Beach hearing examiner by means of a notice of appeal pursuant to section 14-4-1 of this title. Such notice must be in writing and must be received by the city clerk no later than fourteen (14) calendar days after the notice of violation and abatement has been issued; (Ord. 887a, 2-4-2013)
7. Statement that if the responsible party to whom the notice of violation and abatement is issued fails to submit a notice of appeal within twenty one (21) calendar days of issuance or fails to voluntarily abate the nuisance within the time specified in the notice of violation and abatement, the city may abate the nuisance upon issuance of an abatement order or other written permission to access the site for purposes of abatement from the Pacific County superior court; (Ord. 921, 8-3-2015)
8. Statement that all actual costs and expenses of abatement incurred by the city may be assessed against the owner of the abated property named in the notice of violation and abatement and, further, that failure to pay said costs may result in a lien against the property; and
9. Identification of the department investigating the case, name of the case manager, and contact information.
C. Service: The notice of violation and abatement must be served upon the person responsible for the violation and, if the owner of the relevant property is not the person responsible for the violation, then also upon the owner. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and, if service was made by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail. Service shall occur using one of the following methods:
1. By mailing, via both regular first class mail and certified mail, to the address of the property owner as indicated in the records of the Pacific County tax assessor, and to the address of the person responsible at their last known address; or
2. By personal service; or
3. If the person to whom it is directed cannot, after due diligence, be personally served within Pacific County and if an address for mailed service cannot, after due diligence, be ascertained, then notice shall be served by posting a copy of the notice of violation and abatement in a prominent location on the affected premises in a conspicuous manner that is reasonably likely to be discovered.
D. Extension: No extension of the time frame for corrective action specified in the notice of violation and abatement or a modification of the required corrective action(s) may be granted, except by order of the public official. Any extension or modification should be granted only if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original terms of the notice unattainable.
E. Abatement By City: The city may abate the violation and collect costs and expenses in accordance with chapter 5 of this title if required corrective action is not completed as specified in the notice of violation and abatement.
F. Monetary Penalties: If the required corrective action is not completed by the responsible party as specified in the notice of violation and abatement and the city does not yet desire to use public resources to abate the property, the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction to be completed and thereafter in accordance with subsections 14-3-3D through I of this chapter, plus any actual costs and expenses of abatement incurred by the city, as set forth in section 14-5-2 of this title. (Ord. 887a, 2-4-2013)