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(A) Whenever the Director determines that a violation of any provision of this Code within the Director's responsibility is occurring or exists, the Director may issue a written compliance order to any person responsible for the violation.
(B) A compliance order issued pursuant to this subchapter shall contain the following information:
(1) The date and location of the violation;
(2) The section of this Code violated and a description of the violation;
(3) The action required to correct the violation;
(4) The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;
(5) Either a copy of this subchapter or an explanation of the consequences of noncompliance with this subchapter and a description of the hearing procedure and appeal process.
('81 Code, § 1.14.030) (Ord. 1010, passed 10-21-96)
(C) The Director shall give the violator a reasonable period in which to comply with the compliance order. However, should the violation constitute an imminent threat to life or property, immediate compliance may be ordered.
(Ord. 1026, passed 2-16-99)
(A) Except where real property is involved, all notices required by this subchapter shall be served in the manner provided in § 14.04.
(B) Where real property is involved, written notice shall be mailed to the property owner at the address as shown on the last equalized County assessment roll, and a copy of the order shall be conspicuously posted at the property which is the subject of the order.
(C) The failure of any person to receive any notice required under this subchapter shall not affect the validity of any proceedings taken under this subchapter.
('81 Code, § 1.14.040) (Ord. 1010, passed 10-21-96)
(A) If the Director determines that all violations have been corrected within the time specified in the compliance order, no further action shall be taken.
(B) If full compliance is not achieved within the time-specified in the compliance order, the Director shall advise the secretary to the Appeals Hearing Board, established by resolution of the City Council, to set a hearing before the Board.
(C) The Appeals Hearing Board shall cause a written notice of hearing to be served on the violator and, where real property is involved, a notice of hearing shall be served on the property owner at the address as it appears on the last equalized county assessment roll available on the date the notice is prepared, and a copy of the notice shall be conspicuously posted at the property which is the subject of the notice.
('81 Code, § 1.14.050) (Ord. 1010, passed 10-21-96)
(A) Every notice of hearing on a compliance order shall contain the date, time and place at which the hearing shall be conducted by the Appeals Hearing Board.
(B) Each hearing shall be set on a date not less than 10 days nor more than 60 days from the date of the notice of hearing unless the Director determines that the matter is urgent or that good cause exists for an extension of time.
(C) At the hearing, any person subject to a compliance order, shall be given a full opportunity to object to the determination that a violation has occurred and/or that the violation has continued to exist. The failure of any person subject to a compliance order, pursuant to this subchapter, to appear at the hearing shall constitute a failure to exhaust administrative remedies, and a waiver of the right to be heard by the Appeals Hearing Board.
('81 Code, § 1.14.060) (Ord. 1010, passed 10-21-96)
(A) At the place and time set forth in the notice of hearing, the Appeals Hearing Board shall conduct a hearing on the compliance order issued pursuant to § 11.42.
(B) Consistent with any rules and procedures it may adopt, the Board shall consider any written or oral evidence regarding the violation and compliance by the violator or by the real property owner.
(C) Within 15 days following the conclusion of the hearing, the Board shall make findings and issue its determination regarding:
(1) The existence of the violation;
(2) The failure of the violator or owner to take required corrective action within the required time period.
(D) The Board shall issue written findings on each violation. The findings shall be supported by evidence received at the hearing.
(E) If the Board finds, by majority vote, that there is a preponderance of the evidence showing that a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, the Board shall issue an administrative order.
(F) If the Board finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the Board shall issue a finding of those facts.
('81 Code, § 1.14.070) (Ord. 1010, passed 10-21-96)
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