(A) Declaration of purpose.
(1) The City Council finds that there is a need for alternative methods of enforcement for violations of this code and applicable state codes that are found to exist on real property. The City Council further finds that an appropriate method of enforcement for these types of violations is the issuance and recordation of notices of violation.
(2) The procedures established in this section shall be in addition to criminal, civil or any other remedy established by law that may be pursued to address the violation of this code or applicable state codes.
(B) Authority Whenever the enforcement official determines that a property or violation has not been brought into compliance as required in this chapter, the enforcement official has the authority to record the notice of violation or administrative code enforcement order with the County Recorder’s office.
(C) Procedures for recordation.
(1) Once the enforcement official has issued a notice of violation to a responsible person, and the property remains in violation after the deadline established in the notice of violation, and no request for an administrative hearing has been filed, the enforcement official shall record a notice of violation with the County Recorder’s office.
(2) If an administrative hearing is held, and an order is issued in the city’s favor, the enforcement official shall record the administrative code enforcement order with the County Recorder’s office.
(3) The recordation shall include the name of the property owner, the parcel number, the legal description of the parcel and a copy of the notice of violation or order.
(4) The recordation does not encumber the property, but merely places future interested parties on notice of any continuing violation found upon the property.
(D) Service of notice of recordation. A notice of the recordation shall be served on the responsible person and the property owner pursuant to any of the methods of service set forth in § 11.12(A).
(E) Failure to request hearing under AHAEP. The failure of any person to file a request for a hearing under the AHAEP when served with a notice of violation shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of violation.
(F) Notice of compliance; procedures.
(1) When the violations have been corrected, the responsible person or property owner may request an inspection of the property from the ordinance enforcement administrator.
(2) Upon receipt of a request for inspection, the ordinance enforcement administrator shall reinspect the property as soon as practicable to determine whether the violations listed in the notice of violation or the order have been corrected, and whether all necessary permits have been issued and final inspections have been performed.
(3) The ordinance enforcement administrator shall serve a notice of satisfaction to the responsible person or property owner in the manner provided in § 11.12(A), if the ordinance enforcement administrator determines that:
(a) All violations listed in the recorded notice of violation or order have been corrected;
(b) All necessary permits have been issued and finalized;
(c) All civil penalties assessed against the property have been paid or satisfied; and
(d) The party requesting the notice of satisfaction has paid all administrative fees and costs.
(4) If the ordinance enforcement administrator denies a request to issue a notice of satisfaction, upon request, the ordinance enforcement administrator shall serve the responsible person with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in § 11.12(A).
(G) City may withhold issuance of municipal permits. The city may withhold business licenses; permits for kennels; or permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property; or any permits pertaining to the use and development of the real property or the structure. The city may withhold permits until a notice of satisfaction has been issued by the ordinance enforcement administrator. The city may not withhold permits that are necessary to obtain a notice of satisfaction or that are necessary to correct serious health and safety violations.
(H) Cancellation of recorded notice of violation. The ordinance enforcement administrator or responsible person shall record the notice of satisfaction with the County Recorder’s office. Recordation of the notice of satisfaction shall have the effect of canceling the recorded notice of violation.
(Prior Code, § 1-4A-3-1)