Chapter 1.40
NOTICE OF VIOLATION
Sections:
1.40.020 Issuance of notice of violation.
1.40.030 Recordation of notices of violation.
1.40.040 Service of recorded notice of violation.
1.40.050 Procedures to appeal recordation.
1.40.070 Notice of compliance— Procedures.
1.40.080 Denial of request for notice of compliance.
1.40.090 Nonissuance of municipal permits.
1.40.100 Cancellation of recorded notice of violation.
1.40.010 Notice of violation.
The council finds that there is a need for alternative methods of enforcement for minor 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 minor violations is the issuance and recordation of a notice of violation. (Ord. 586 § 3 (part), 1998).
1.40.020 Issuance of notice of violation.
Whenever the enforcement official determines that a minor violation of this code or applicable state codes exists, the enforcement official may issue a notice of violation to a responsible person. The notice of violation shall include the following information:
A. The name of the property’s owner of record;
B. The street address of the property;
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 administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation, the withholding of future municipal permits, criminal prosecution and civil injunction. (Ord. 586 § 3 (part), 1998).
1.40.030 Recordation of notices of violation.
A. 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, the enforcement official may record a notice of violation with the recorder’s office of Stanislaus County.
B. Before recordation, the enforcement officer shall provide to the responsible person a letter stating that a notice of violation will be recorded unless a written request to appeal pursuant to the procedures outlined in Section 1.36.060 is filed. The letter shall be served pursuant to any of the methods of service set forth in Section 1.32.090 of this title. The enforcement official may also send a courtesy copy of the letter to any applicable financial institution.
C. If the enforcement official does not receive the written request to appeal pursuant to the procedures set forth in Section 1.40.050, the enforcement official may record the notice of violation if the violations remain.
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 latest notice of violation. (Ord. 586 § 3 (part), 1998).
1.40.040 Service of recorded 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 Section 1.32.090 of this title. (Ord. 586 § 3 (part), 1998).
1.40.050 Procedures to appeal recordation.
A. An appeal of the enforcement official’s letter to record the notice of violation shall follow the procedures set forth in Section 1.36.060 of this title.
B. The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of violation. (Ord. 586 § 3 (part), 1998).
1.40.060 Appeal hearing.
A. Upon receiving a written appeal, the enforcement official shall request the city manager to schedule a hearing pursuant to Section 1.36.020 of this title. The purpose of the hearing is for the responsible person or property owner to state any reasons why a notice of violation should not be recorded.
B. At the appeal hearing, the enforcement hearing officer shall only consider evidence that is consistent with the city manager’s 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 the municipal 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 Section 1.32.090 of this title.
C. If the enforcement hearing officer affirms the enforcement official’s decision, the enforcement official may proceed to record the notice of violation.
D. If the enforcement hearing officer determines that the recordation is improper, the enforcement hearing officer shall invalidate the enforcement official’s decision to record the notice of violation. (Ord. 586 § 3 (part), 1998).
1.40.070 Notice of compliance—Procedures.
A. When 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 notice of compliance.
B. Once the enforcement official receives this request, the enforcement official shall reinspect the property within thirty calendar days 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 Section 1.32.090 of this title 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 civil penalties assessed against the property 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 costs 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. (Ord. 586 § 3 (part), 1998).
1.40.080 Denial of request for notice of compliance.
A. 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 set forth in Section 1.32.090 of this title.
B. The enforcement official’s decision denying a request to issue a notice of compliance constitutes the final decision in the matter and is not appealable. (Ord. 586 § 3 (part), 1998).
1.40.090 Nonissuance of municipal permits.
A. The city of Patterson may withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property identified in the notice of violation, or any permits pertaining to the use and development of the real property or the structure:
1. If a request to appeal has not been timely filed; or
2. After an enforcement hearing officer affirms the enforcement official’s decision to record a notice of violation.
B. The city of Patterson may withhold permits until a notice of compliance has been issued by the enforcement official. The city of Patterson may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations. (Ord. 586 § 3 (part), 1998).
1.40.100 Cancellation of recorded notice of violation.
The responsible person or property owner 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. 586 § 3 (part), 1998).