This chapter provides a procedure by which County enforcement officials may record a Notice of Violation as an alternative enforcement method for any violation of this code, the San Diego County Zoning Ordinance and any other County ordinance or State law that County officials enforce. The remedies in this chapter are in addition to all other remedies the County may pursue and only govern enforcement actions brought pursuant to this chapter.
(Added by Ord. No. 10211 (N.S.), effective 6-1-12)
The following definitions shall apply to this chapter:
(a) "Director" means the Director of any County department or a Director's designated representative, responsible to enforce County codes, County ordinances or State codes.
(b) "Hearing Officer" means a person who presides over an administrative hearing for the recordation of a Notice of Violation.
(c) "Responsible person" means a "person," as defined in Section 12.115 of this code, responsible for a violation prosecuted under this chapter.
(Added by Ord. No. 10211 (N.S.), effective 6-1-12)
(a) Once a Director 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 expires, the Director may record a Notice of Violation with the Recorder's Office of San Diego County.
(b) Before recordation, the Director shall provide to the responsible person and all owners of record a Notice of Intent to Record stating that:
(1) A notice of violation will be recorded against your property if the violation(s) existing on your property is(are) not corrected by the deadline established in the Notice of Intent to Record.
(2) You may file an appeal within 14 days of the date of the Notice of Intent to Record was issued.
(3) The County may hold you responsible for all administrative costs, including reasonable attorney's fees.
(4) The County may withhold permits for any alteration, repair, or construction pertaining to any existing or new structures on your property, or any permits pertaining to the use and development of the real property if 1) an appeal has not been timely filed; or 2) if a Hearing Officer affirms the Director's decision to record a Notice of Violation.
(c) After recordation of a Notice of Violation, the County may withhold permits until a Notice of Compliance has been issued by the Director. The County may not withhold permits which are necessary to obtain a Notice of Compliance or which are necessary to correct serious health and safety violations.
(d) The letter shall be served pursuant to any of the methods of service set forth in Section 11.112 of this code. If for any reason service cannot be completed as provided in Section 11.112, service may be accomplished by posting a copy of the notice in a conspicuous place on or near the property on which the violation is located. At the discretion of the Director, the notice may be posted in addition to personal or mail service.
(e) If the Director does not receive a written request to appeal pursuant to the procedures set forth in this Division and the violation still remains on the property, the Director may record the Notice of Violation.
(f) The recorded Notice of Violation shall include the name of the property owner(s), assessor's parcel number, the parcel's legal description, and a copy of the latest Notice of Violation.
(Added by Ord. No. 10211 (N.S.), effective 6-1-12)
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