A. Inspections. Whenever city staff has inspected a property and finds that conditions constituting a violation of the municipal code exist thereon, the director may use the procedures set forth in this chapter to abate such nuisance as authorized by law.

B. Notice of Violation and Administrative Citation Issuance. The director may issue a notice of violation, notice to correct and/or administrative citation for a violation to any person or persons if the director has determined, through investigation, a violation exists. A person to whom an administrative citation is issued shall be liable for and shall pay to the city the administrative fine or fines described in the citation when due pursuant to the provisions of this chapter.

C. Development Review Conditions. Every person who applies for and receives a permit, license, or any type of land use approval (such as, but not limited to, a development review approval, a subdivision map approval, a conditional or special use permit, a zoning requirement modification, a variance, or other discretionary approval) shall comply with all mandatory approval conditions imposed upon the issuance of the permit, license, or other such approval. If a person violates any condition of such permit, license, or similar land use approval, that person may be issued a notice of violation, notice to correct, and/or administrative citation and may be held responsible for administrative fines under the provisions of this chapter.

D. Continuing Violations. Except as provided elsewhere in the municipal code, each day a violation of this code exists shall be a separate and distinct violation and may be subject to a separate administrative fine. Certain provisions of this code, including but not limited to those relating to noise and unruly gatherings, provide that each hour that a violation exists shall be a separate and distinct violation. An administrative citation may charge a violation for one or more days or hours, as applicable, on which a violation exists and for violation of one or more applicable code sections.

E. Prior and Repeat Violations. The city may take into consideration the fact that a person has been previously issued an uncorrected notice of violation and/or a sustained administrative citation when the city is determining whether to accept an application or to grant any permit, license or any similar type of land use approval for that person and such notice of violation and/or administrative citation may be used as evidence that the person has committed acts that are not compatible with the health, safety, and general welfare of other persons and businesses within the city. Repeated violations by the same person or the same property of the same code provision within any twelve-month period may result in the issuance of an administrative citation(s) imposing additional administrative fines without a notice of violation and/or notice to correct preceding the citation.

F. Contents of Notice of Violation, Notice to Correct and/or Administrative Citation. The director shall generally issue a notice of violation, notice to correct and/or administrative citation to person(s) responsible for a code violation as set forth in Section 1.24.030(L). The administrative citation guidelines as approved by the city council pursuant to Section 1.24.010 shall, among other things, identify those items of information which must be contained in the notice of violation and/or administrative citation issued to persons and alleging a violation of the municipal code, but must, at a minimum, inform the responsible person of the nature of the violation charged, any right to correct the violation, and/or the right to appeal any citation, as well as the process by which to verify to the city the correction of violation(s) and/or the process to appeal citations.

G. Service. The notice of violation, notice to correct and/or administrative citation and any amended notice of violation and/or administrative citation shall be served by mail or personal service or posted on the property where the code violation is occurring in the manner provided for in the approved administrative citation guidelines.

H. Proof of Service. Proof of personal service of the notice of violation and/or administrative citation shall be documented as provided for in the approved administrative citation guidelines. (Ord. 1648 § 1, 2018; Ord. 1625 § 1 (part), 2015)