§ 1.25.070. Imposition of noncompliance fees.  


Latest version.
  • A.

    Whenever an enforcement officer issues a notice of violation, the enforcement officer is authorized to issue a notice of noncompliance fee to the responsible person(s). The enforcement officer may issue the notice of noncompliance fee concurrently with the notice of violation, or in his or her discretion, may issue the notice of noncompliance fee upon the expiration of any correction period or extension thereof.

    B.

    Each notice of noncompliance fee shall contain the following information:

    1.

    A statement that a noncompliance fee is being imposed on the responsible person(s) pursuant to this chapter of the code;

    2.

    The name of the responsible person(s);

    3.

    The code section violated;

    4.

    The address where the code violation occurred (for violations pertaining to the condition of real property);

    5.

    A description of the code violation;

    6.

    The names of the issuing department and enforcement officer;

    7.

    The amount of the noncompliance fee and the procedure to pay the fee; and,

    8.

    The procedures for requesting an administrative hearing to contest the imposition of the noncompliance fee and for requesting a hardship waiver, pursuant to Section 1.25.080.

    C.

    Unless a responsible person requests an administrative hearing to contest the imposition of the noncompliance fee, pursuant to Section 1.25.080, or has requested permission to perform community service pursuant to Section 1.25.075, the notice of noncompliance fee shall constitute the final administrative order of the county with respect to said noncompliance fee, and the fee shall be due and payable by the responsible person(s) to the issuing department within ten (10) calendar days following service of the notice of noncompliance fee.

    D.

    The enforcement officer shall serve a notice of noncompliance fee in the same manner as required for service of a notice of administrative fine, as specified in Section 1.25.050.

    E.

    Payment of a noncompliance fee shall not excuse the responsible person(s) from correcting the code violation. The issuance of a notice of noncompliance fee and/or payment thereof does not preclude the enforcement officer or issuing department from taking any other enforcement action in response to a code violation, including, but not limited to, issuing notices of administrative fines and/or making referrals to the district attorney for the filing of a criminal complaint or to the county counsel for the filing of a civil enforcement action.

(Ord. 2008-044 § 3, 2008; Ord. 2005-0013 § 1 (part), 2005.)