1.25.100 Administrative notice and order to correct civil violation.
(1) Issuance. When the code enforcement officer determines that a violation has occurred or is occurring, he or she may issue an administrative notice and order to correct civil violation (“notice and order”) to the person responsible for the violation.
(2) Content. The notice and order shall include the following:
(a) The name and address of the person responsible for the violation;
(b) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;
(c) A brief description of the violation(s), including a citation of the applicable city regulation(s);
(d) The name of the citing officer;
(e) The required corrective action and a date by which the correction must be completed;
(f) A statement that the person to whom the notice and order is directed may appeal the notice and order pursuant to ECMC 1.25.110;
(g) A statement that if the violation is not corrected and the notice and order is not appealed, the determination is final and a monetary penalty shall be assessed in an amount per day for each violation for each day the violation continues following the date set for correction;
(h) A statement advising that, if any of the work is not commenced or completed within the time specified in the notice and order, the city may proceed to abate the violation, cause work to be done, and assess the costs and expenses of abatement incurred by the city against the person responsible for the violation, and that the city may take any other legal action.
(3) Service. The code enforcement officer shall serve the notice and order upon the person responsible for the violation, either personally or by mailing a copy by certified or registered mail, return receipt requested, to such person at his or her last known address. If the person responsible for the violation cannot be personally served within Grant County and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice and order conspicuously on the affected property or structure. 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.
(4) Optional Recording Procedure. The city may, at its discretion, record a notice and order to correct civil violation against the subject property.
(5) Extension and Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the city if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances delay correction under the original conditions and the responsible person provides the request in writing clearly establishing the need for such an extension.
(6) Monetary Penalty. The assessment of a $250.00 monetary penalty per day up to a sum of $5,000 shall commence beginning on the day the correction was to be completed. Civil penalties, in whole or in part, may be waived by the mayor or his or her designee if the code violations which formed the basis for the civil violation have been corrected, and the mayor or his or her designee finds that compelling reasons justify waiver of all or part of the outstanding civil penalties.
(7) Continued Duty to Correct. Payment of a monetary penalty pursuant to this section does not relieve the person to whom the notice and order was issued of the duty to correct the violation.
(8) Declaration of Compliance. When the violation has been corrected and the penalty paid, the code enforcement officer shall issue a declaration of compliance which shall so state, and shall also indicate the date upon which the violation was fully corrected, beyond which no further penalty shall accrue. If the city previously recorded the notice and order against the subject property, then it shall also record the declaration of compliance. (Ord. 529 § 1, 2018)