Chapter 4.10
ISSUANCE AND RECORDATION OF NOTICES OF VIOLATION
Sections:
4.10.010 Issuance and recordation of notices of violation.
4.10.020 Declaration of purpose.
4.10.030 Procedures for issuance of a notice of violation.
4.10.040 Procedures for recordation.
4.10.050 Service of notice of violation.
4.10.060 Procedures to appeal recordation.
4.10.080 Notice of compliance – Procedures.
4.10.090 Prohibition against issuance of municipal permits.
4.10.100 Cancellation of recorded notice of violation.
4.10.010 Issuance and recordation of notices of violation.
This chapter shall govern the procedures relating to the issuance and recordation of administrative notices of violation. (Ord. 852 § 2, 2003)
4.10.020 Declaration of purpose.
The city council finds that there is a need for alternative methods of enforcement for violations of this code and applicable state codes, which are found to exist on real property. The council further finds that an appropriate method of enforcement for these types of violations is the issuance and recordation of notices of violation. The procedures established in this chapter shall be in addition to criminal, civil or any other remedy established by law, which may be pursued to address violations of this code or applicable state codes. (Ord. 852 § 2, 2003)
4.10.030 Procedures for issuance of a notice of violation.
Whenever an enforcement official determines that a violation of this code or applicable state code pertaining to real property exists, the enforcement official may issue a notice of violation to a responsible person. A notice of violation shall include sufficient information to provide reasonable notice of activities or conditions constituting violation of this code or applicable state code, and actions necessary to correct the violations. The notice of violation shall include the following information:
A. The name of the property’s record owner;
B. Street address;
C. The code sections in violation;
D. A description of the property’s condition, which violates the applicable codes;
E. A list of necessary corrections to bring the property into compliance;
F. A deadline or specific date to correct the violations listed in the notice of violation;
G. Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline including, but not limited to: criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits;
H. A brief description of the procedure to appeal the notice of violation including time limitations. (Ord. 852 § 2, 2003)
4.10.040 Procedures for recordation.
A. Once an 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, the enforcement official may record a notice of violation with the recorder’s office of Santa Cruz County.
B. Before recordation, the enforcement official shall provide to the responsible person a letter of intent to record a notice of violation unless a written appeal is filed pursuant to the procedures outlined in this chapter. The letter shall be served pursuant to any of the methods of service set forth in Chapter 4.03. The enforcement official may also send a courtesy copy of the letter to any financial institution with a legal interest in the real property.
C. If a written appeal is not filed pursuant to the procedures set forth in this chapter, the enforcement official may record the notice of violation if the violation has not been corrected.
D. The recorded notice of violation shall include the name of the property owner, the property’s assessor’s parcel number, the parcel’s legal description, and a copy of the notice of violation. (Ord. 852 § 2, 2003)
4.10.050 Service of notice of violation.
A copy of the recorded notice of violation shall be served on the responsible person and property owner pursuant to any of the methods of service set forth in Chapter 4.03. (Ord. 852 § 2, 2003)
4.10.060 Procedures to appeal recordation.
A. An appeal of a departmental letter of intent to record the notice of violation shall follow the procedures set forth in Chapter 4.20.
B. Upon receipt of the written appeal, the enforcement official shall schedule a hearing pursuant to the procedures set forth in Chapter 4.22. The purpose of the hearing is for the responsible person or property owner to show cause why a notice of violation should not be recorded.
C. The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative appeal hearing and shall not affect the validity of the recorded notice of violation. (Ord. 852 § 2, 2003)
4.10.070 Appeal hearing.
A. The appeal shall follow the hearing procedures as set forth in Chapter 4.22.
B. At the appeal hearing, the hearing officer shall only consider evidence that is consistent with the applicable rules and procedures for administrative enforcement hearings and that is relevant to the following issues:
1. Whether the conditions listed in the notice of violation violate this code or applicable state codes; and
2. Whether the enforcement official afforded the responsible person with due process by adhering to the notification procedures specified in this code.
C. If the hearing officer affirms the enforcement official’s decision, the enforcement official may proceed to record the notice of violation.
D. If the hearing officer determines that recordation is improper, the hearing officer shall reverse the enforcement official’s decision to record the notice of violation. (Ord. 852 § 2, 2003)
4.10.080 Notice of compliance – Procedures.
A. After a notice of violation has been recorded, and after the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the enforcement official a written request for a reinspection of the property to determine compliance with this code and applicable state codes listed in the recorded notice of violation, and for the issuance of a notice of compliance on a form provided by the city.
B. Once the enforcement official receives this request, the enforcement official shall reinspect the property to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.
C. The enforcement official shall serve a notice of compliance to the responsible person or property owner in the manner provided in Chapter 4.03 if the enforcement official determines that:
1. All violations listed in the recorded notice of violation have been corrected; and
2. All necessary permits have been issued and finalized; and
3. All penalties assessed against the property or responsible person have been paid; and
4. The party requesting the notice of compliance has paid an administrative fee to reimburse the city for all administrative costs.
D. Administrative fees may include costs incurred in the investigation, inspection, reinspection, title search, appeal hearing and any other processing costs associated with the violations specified on the notice of violation.
E. If the enforcement official denies a request to issue a notice of compliance, the enforcement official shall serve the responsible person or property owner 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 Chapter 4.03.
F. The enforcement official’s decision denying a request to issue a notice of compliance shall be final and nonappealable. (Ord. 852 § 2, 2003)
4.10.090 Prohibition against issuance of municipal permits.
Subject to the exception set forth herein, the city of Capitola shall withhold 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:
A. If a request to appeal the recordation of a notice of violation has not been timely filed; or
B. After a hearing officer on appeal affirms the enforcement official’s decision to record a notice of violation. The city may thereafter withhold permits until a notice of compliance has been issued by the enforcement official. The city may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to connect serious health and safety violations. (Ord. 852 § 2, 2003)
4.10.100 Cancellation of recorded notice of violation.
The enforcement official, property owner or responsible person shall record the notice of compliance with the county recorder’s office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation. (Ord. 852 § 2, 2003)