§ 1001-25. Notice of Violation, Remedial Action and Civil Fine.  


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  • Upon issuance of an administrative order for a notice of violation or a civil fine provided in CMC Sec. 1001-23, the city manager or the city manager's designee, shall serve upon the owner and, if different, upon the person in control, such as lessee, agent or tenant having charge of such lot or land, a written notice in accordance with CMC Section 1501-13. In addition to the notice of civil offense and civil fine provided in Section 1501-13, the written notice shall include the nature of the violation, including a reference to the provisions of this chapter alleged to be violated, a date by which the violation is to be corrected and the action that the city may take if the violation is not corrected.

    A person served with a written notice pursuant to this section may answer the charge in accordance with Section 1501-15, including an offer of proof of correction in accordance with Section 1501-19, within ten business days of receipt of the notice by the person being charged.

    For purposes of this section, receipt of notice by the person charged shall mean (1) the date on which the issuing officer personally served the person being charged, (2) the date on which the issuing officer posted a copy of the notice on the real property in accordance with Section 1501-13(d), or (3) three days after the issuing officer has mailed the notice in accordance with Section 1501-13(d) if the real property is vacant, and the issuing officer is unable to personally serve the notice to the person charged or post a copy on the real property.

    For purposes of denying a civil violation of this chapter, or offering proof of correction, the procedures contained in Section 1501-13 to Section 1501-31 shall apply to the person being charged.

(Ordained by Ord. No. 159-2004, eff. June 4, 2004)