1.12.040 Notice of civil violation.
A. General. Following the date or time by which the correction must be completed as required by an order to correct violation, the applicable department director shall determine whether such correction has been completed.
B. Issuance.
1. If the required correction has not been completed by the correction date or time as specified in the order to correct violation, the applicable department director may issue a notice of civil violation to each person to whom an order to correct violation was directed.
2. Notwithstanding the provisions of Section 1.12.030, the applicable department director may issue a notice of civil violation without having issued an order to correct violation where an emergency exists or when a repeated violation occurs.
C. Content. The applicable department director shall include the following in the notice of civil violation:
1. The name and address of the property owner or other persons to whom the notice of civil violation is directed; and
2. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
3. A description of the violation and a reference to that provision of a city development regulation which has been violated; and
4. A statement that the monetary penalty in the amount per day for each violation as specified in Section 1.12.040(E) is assessed against the person to whom the notice of civil violation is directed for each and every day, or portion thereof during which the violation continues beyond the date and time established for correction in the order to correction violation; and
5. A statement that the person to whom the notice of civil violation was directed must complete correction of the violation and may pay the monetary penalty imposed to the city clerk or may appeal the notice of civil violation as provided in Section 1.12.050.
D. Service of Notice. The applicable department director shall serve the notice of civil violation upon the person to whom it is directed, either personally or by mailing a copy of the notice of civil violation by certified mail, postage prepaid, return receipt requested, to such person at his/her last known address or by posting the notice of civil violation conspicuously on the affected property or structure. The person who effected personal service shall make proof of service at the time of service by a written declaration under penalty of perjury declaring the time and date and the manner in which service was made.
E. Monetary Penalty. The amount of the monetary per day or portion thereof for each violation is as follows:
1. First violation, one hundred dollars ($100.00);
2. Second violation, two hundred dollars ($200.00);
3. Third violation, three hundred dollars ($300.00);
4. Additional violations in excess of three, five hundred dollars ($500.00).
F. Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the applicable department director.