A. Imposition Of Monetary Penalties: Any person who violates any of the provisions of the code references listed in section 14-1-2 of this title, at the discretion of the public official, may be assessed monetary (civil) penalties before the city initiates the abatement process referenced in this title. If the public official determines this alternative process is more likely to result in compliance, the public official may send a notice of violation, followed by imposition of civil penalties and abatement if appropriate.
B. Contents: The notice of violation 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, 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 action, an alternative reasonable, specific time may be set by the public official; (Ord. 887a, 2-4-2013)
6. Statement that abatement procedures, as described in this chapter, may be implemented if civil penalties reach more than one thousand dollars ($1,000.00) 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)
7. Statement that the responsible party to whom a notice of violation 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 has been issued;
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, 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 must be served pursuant to the procedures described in subsection 14-3-2C of this chapter.
D. Civil Penalty: At the end of the time frame specified in the notice of violation, the property or building will be reinspected to see if the condition has been completely abated. If the condition has been completely abated, the case will be closed. If the condition has not been completely abated, civil (monetary) penalties will be assessed, as provided in this section, and a notice of civil penalty will be issued to the responsible party and the property owner.
E. Service: The notice of civil penalty shall be served pursuant to the procedures described in subsection 14-3-2C of this chapter.
F. Contents: The notice of civil penalty shall contain the following:
1. Address of the site;
2. Specified time frame for correcting the violation or submitting an acceptable work schedule;
3. Statement that civil penalties have been imposed, setting forth the date such monetary penalties began or will begin, usually the first day of service;
4. Statement that civil penalties will continue to accumulate in the amounts specified in this chapter until the nuisance or hazard condition is corrected;
5. Abatement procedure(s) that may be implemented by the city if civil penalties in excess of one thousand dollars ($1,000.00) are assessed in trying to correct the condition; and
6. Identification of the department investigating the case, name of the case manager, and contact information.
G. Maximum Monetary Penalty: The maximum monetary (civil) penalty for each separate violation per day or portion thereof shall be as follows:
1. First day of each violation (the first day is the date of service): One hundred dollars ($100.00);
2. Second day of each violation: Two hundred dollars ($200.00);
3. Third day of each violation: Three hundred dollars ($300.00);
4. Fourth day of each violation: Four hundred dollars ($400.00);
5. Each additional day of each violation beyond four (4) days: Five hundred dollars ($500.00) per day.
H. Continuance Of Penalties; Certificate Of Complaint: Civil penalties will continue to accumulate until the condition is completely abated, and, if the total assessed penalty exceeds one thousand dollars ($1,000.00), the public official may decide to initiate an abatement proceeding, as provided in this title. At such time that the assessed civil penalty exceeds one thousand dollars ($1,000.00), a certificate of complaint may be filed with the Pacific County auditor to be attached to the title of the property. A copy of the certificate of complaint shall be sent to the property owner and, if it is determined that there are other parties of interest, then to those individuals as well.
I. Separate Violations: Each day that a property is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter. (Ord. 887a, 2-4-2013)