A. Notice of violation.
1. In addition to the enforcement provisions provided for in § 12.04-16, above, the County may issue a notice of violation (“Notice” or “NOV”) to any person that is in violation of any provision of this chapter or other applicable statutes or regulations.
2. A notice of violation shall be in writing and include the following:
a. Licensee and the property owner(s), as listed on the application for the cannabis operation license;
b. If applicable, name(s) listed as designated recipients for service of process, as identified on the application and, if different, as named on the Secretary of State Statement of Information;
c. The address of the violation if known, otherwise the approximate location;
d. A general description of the violation;
e. A statement of whether the violation is correctable and, if so, that the violation shall be corrected within three (3) calendar days of the date of the notice of violation;
f. The amount of the administrative penalty pursuant to § 12-04.25 and, if the violation is correctable, notice that the administrative penalty will accrue for each day that the violation continues to exist after the expiration of the three (3)-day time frame in which to correct the violation;
g. The date of the notice;
h. A statement that the violation determination may, within five (5) calendar days after the date the notice was deemed served pursuant to § 12-04.18(A)(3), be appealed by providing the Clerk of the Board of Supervisors with a request in writing for a hearing to appeal the determination of the Enforcing Officer, setting forth the detailed factual and/or legal basis, as applicable, for the appeal, with payment of any applicable appeal fee; and
i. A statement that unless an appeal hearing is requested within the time prescribed in the notice, the Enforcing Officer can abate or otherwise correct the nuisance at the expense of the property owner and/or the licensee. It shall also state that the abatement costs and the administrative penalty may be made a special assessment added to the county assessment roll and become a lien on the real property where the violation has occurred, on the real property owned by those persons violating this chapter, or be placed on the unsecured roll.
3. Service of notices.
a. A notice issued by the Enforcing Officer shall be served upon the licensee and the property owner (if different from licensee) in one of the following manners:
i. By delivering it personally; and/or
ii. By first class mail, postage pre-paid, or overnight mail addressed to (i) the property owner at the address shown on the last equalized assessment roll or as otherwise known to the Enforcing Officer, and (ii) the street address designated by the licensee in the application for receipt of service of process; and/or
b. Date of service shall be deemed to be the date of personal service, or five (5) days after notice is deposited in the United States mail, or one (1) day after notice is delivered to a location or deposited in a box maintained by an overnight delivery service, as applicable.
c. In the event that, after reasonable effort, the Enforcing Officer is unable to serve the notice as set forth above, service shall be accomplished by posting a copy of such Notice conspicuously along the frontage of the real property subject to the Notice, or if the property has no frontage, upon any street, highway, or road then upon the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the licensee and any person known by the Enforcing Officer to be in possession of the property. Service shall be deemed to have been completed upon posting.
d. If the notice is properly and timely served, the failure of any property owner or licensee to receive such notice shall not affect the validity of the proceedings conducted herein and shall not affect the validity of service or the validity of any administrative penalty imposed pursuant to this chapter upon any person.
B. Recordation of notices.
1. The Enforcing Officer may record a notice of violation with the Yolo County Recorder on the property which is the subject of the notice of violation upon expiration of the time limit for compliance if the violation has not been cured within the time limit (if not required immediately) set for compliance, or the property owner and/or licensee fail to provide sufficient evidence to establish reasonable doubt that a violation exists.
2. In those cases where the violation is related to a requirement to secure permits, the recorded notice shall identify the property and shall further set forth the fact that the building, structure or work does not have the required permit(s) and is in violation of County codes and that the property owner has been so notified. This may be done in addition to any other legal remedy that the County may employ.
3. If a notice is recorded, the Enforcing Officer shall serve and record a removal of notice of violation when the violation no longer exists or all required work to correct the violation has been completed. The removal of notice of violation need not be issued until outstanding administrative penalties have been paid or a lien for those administrative penalties has been recorded. A fee shall be paid by the property owner and/or licensee for processing the removal of notice of violation. (§ 2, Ord. 1557, eff. January 21, 2023)