Chapter 19.15 NOTICE OF VIOLATION AND ORDER

Chapter 19.15
NOTICE OF VIOLATION AND ORDER – ADMINISTRATIVE PROCEEDING

Sections:

19.15.020 Service – Notice of violation.

19.15.010 Notice of violation.

A. After investigation, the director may serve a notice of violation and order upon the person responsible for the civil code violation. In the event a notice of violation is issued, the department shall investigate and re-inspect any site at the end of the timeframe specified in the notice of violation to ensure that the condition(s) has been corrected in accordance with the terms specified in the notice of violation. If the re-inspection reveals that the condition(s) has been corrected the complaint and file will be closed. If the condition has not been corrected any person violating or failing to comply with the provisions a notice of violation and order shall be subject to penalties set forth in Chapter 19.35 MVMC.

B. The notice of violation and order shall contain the following information:

1. The address or other identification of the location of the violation; and

2. A brief and concise description of the conditions alleged to be in violation of the municipal code, permit, ordinance, public rule, resolution, or regulation and a reference to the provision(s) of the municipal code, permit, ordinance, public rule, resolution, or regulation that is being violated; and

3. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action that must be obtained from the proper issuing agency; and

4. A statement declaring the timeframe for correcting the violation or, if applicable, submitting an acceptable work schedule with voluntary compliance agreement; and

5. A statement notifying the person responsible for the code violation that at the end of the specified timeframe a re-inspection of the property will be conducted to ensure that the necessary corrective or abatement actions have been completed; and

6. A statement notifying the person responsible for the code violation explaining the appeal process and the specific information required to file an appeal; and

7. A statement advising any person that failure to comply with the provisions in the notice of violation and order shall carry with it a cumulative monetary penalty as set forth in Chapter 19.35 MVMC per day for each violation from the date set for compliance in the notice of violation and order until compliance with the notice of violation or order is achieved; and

8. A statement of the abatement procedure that may be implemented by the city if the party responsible and a notice that the person responsible for the violation will be charged with the costs associated with such an abatement procedure as authorized by Chapter 19.40 MVMC.

C. Amendment. A notice of violation and order may be amended at any time in order to:

1. Correct clerical errors; or

2. Cite additional authority for a stated violation.

D. Final Orders. Any notice of violation and order issued pursuant to this chapter shall become a final order unless, no later than 15 calendar days after the notice of violation and order is served, any person aggrieved by the notice of violation and order files and appeal with the director in accordance with MVMC 19.15.030 and 19.15.040. (Ord. 3440 § 1, 2008).

19.15.020 Service – Notice of violation.

A. Service of a notice of violation shall be made on a person responsible for the code violation by one or more of the following methods:

1. Personal service of the notice of violation on the person identified by the department as being responsible for the code violation, or by leaving a copy of the notice of violation at that person’s house of usual abode with a person of suitable age and discretion who resides there.

2. Service directed to the landowner and/or occupant of the property may be made by posting the notice of violation in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below.

3. Service by mail may be made for a notice of violation by mailing a copy, postage prepaid, by ordinary first class mail, to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer’s address as shown on the tax records of the county shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice of violation was placed in the mail.

4. If the person responsible for the code violation cannot be personally served within the city of Mount Vernon, and if an address for mailed service cannot reasonably be determined, then service may be made by posting the notice of violation in a conspicuous place on the property where the violation occurred.

B. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and, if by posting, the facts showing the attempts to serve the person personally or by mail.

C. The failure of the director to make or attempt service on any person named in the notice of violation shall not invalidate any proceedings as to any other person duly served. (Ord. 3440 § 1, 2008).

19.15.030 Right of appeal – Timeliness.

A. Time for Appeal. Other than the issuance of a civil infraction, a person aggrieved by the director’s action as a result of a notice and order, other order, decision, ruling, or interpretation by the director, may appeal the director’s action by filing a written request for appeal with the director within 15 calendar days after receiving or otherwise being served with notice of the director’s action. When the last day of the period so computed is a Saturday, Sunday, or state recognized holiday, the period shall run until 4:30 p.m. on the next business day. Failure to file a written request for appeal within time prescribed will result in the director’s action becoming a final order and the appellant shall be bound thereby.

B. Reconsideration. An aggrieved person may request reconsideration of the director’s action in writing within 10 calendar days after receiving or otherwise being served with notice of the director’s action by submitting the request to the appropriate department contact listed in the notice of violation. When the last day of the period so computed is a Saturday, Sunday, or state recognized holiday, the period shall run until 4:30 p.m. on the next business day. Any reconsideration request shall cite specific references to the findings and/or criteria contained in the ordinances, rules, permit, or other authority governing the type of decision being reviewed. The director shall promptly review the reconsideration request and shall, within five working days, issue a written decision on reconsideration, either approving or denying the request. A request for reconsideration temporarily suspends the period within which an appeal of the director’s decision from the date of filing the written request for reconsideration to the date of the decision on reconsideration. If the reconsideration is denied, the period for appeal of the director’s action shall recommence for the remaining number of days.

C. Appeal to Be Heard by City’s Hearing Examiner. A timely filed appeal will be heard by the city’s hearing examiner as established by Chapter 2.34 MVMC, following procedures set in MVMC 19.15.040. Any appeal of the director’s action may be affirmed, reversed or modified in the hearing examiner’s final order. The decision of the hearing examiner shall be a final order and the appellant and the director shall be bound thereby unless, within 21 days from the date of the issuance of the hearing examiner’s final order, a person with standing to appeal files a petition to the superior court. The cost for the transcription of all records ordered certified by the superior court for such review shall be borne by the appellant. (Ord. 3440 § 1, 2008).

19.15.040 Appeal procedure.

A. An aggrieved person who desires to file an appeal of the director’s action must do so pursuant to the provisions set forth in this section. The appellant shall file a written appeal to the director within the time period prescribed in MVMC 19.15.030 and shall pay a filing fee of $100.00. The referenced filing fee shall be paid within the appeal filing period prescribed in MVMC 19.15.030. The written appeal shall contain the following information:

1. The names of all appellants participating in the appeal;

2. A brief statement of the specific director’s action protested, together with any material facts claimed to support the contentions of the appellant;

3. A brief statement of the relief sought, and the reason why the protested action should be reversed, modified, or otherwise set aside;

4. The signatures of all parties named as appellants and their mailing addresses; and

5. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

B. Upon the receipt of the appeal and the filing fee, the director shall transmit the same to the city community and economic development director who shall schedule an appeal hearing before the hearing examiner and give due notice therof to the appellants.

C. At or after the appeal hearing, the hearing examiner may affirm, reverse, or modify the director’s action or continue the hearing to a date certain for receipt of additional information.

D. The hearing examiner shall issue a written decision within 30 days after the hearing and shall cause copies thereof to be sent to the director and appellants.

E. All written orders by the hearing examiner pursuant to this section shall include a report giving findings of fact, conclusions, and the hearing examiner’s decision.

F. The written decision of the hearing examiner shall be a final order, and the appellant and the director shall abide thereby unless the order is appealed to superior court within the time period prescribed by MVMC 19.15.030(C) by a person with standing to appeal.

G. The appeal procedures set forth in this chapter shall not apply to project permit applications, land use applications, or specific land use actions identified in Chapter 14.05 MVMC. In the event of a conflict between this chapter and any chapter involving appeal procedures, Chapter 14.05 MVMC shall control. (Ord. 3522 § 3, 2011).