32.08.020 Notice and order.

Whenever the director has reason to believe that a nuisance, a violation of a land use or public health ordinance or rules and regulations adopted thereunder will be most promptly and equitably terminated by an administrative notice and order proceeding, the director may issue a written notice and order directed either to the owner or operator of the source of the violation, the person in possession of the property where the violation originates, or the person otherwise causing or responsible for the violation. The notice and order should be issued first against the violator where the violator is not the property owner e.g., tenant, unless the seriousness of violation demands filing against property owner. Such notice and order may be issued by any director alone or, where violations of more than one county ordinance, rule or regulation exists, in conjunction with a notice and order issued by another director. The notice and order may be posted on the property and shall contain:

(1)    The street address when available and a legal description of real property and/or description of personal property sufficient for identification of where the violation occurred or is located;

(2)    A statement that a director has found the person to be in violation of a land use or public health ordinance or that a nuisance exists on the property, with a brief and concise description of the conditions found to be in violation;

(3)    A statement of the corrective action required to be taken. If a director has determined that corrective action is required, the order shall require that all required permits be secured and the work physically commence within such time and be completed within such time as a director shall determine is reasonable under the circumstances;

(4)    A statement specifying the amount of any civil penalty assessed on account of the violation or nuisance and, if applicable, the conditions on which assessment of such civil penalty is contingent;

(5)    Statements advising that (i) if any required work is not commenced or completed within the time specified above, a director may proceed to abate the violation as authorized by Section 32.04.060 and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and separate personal obligation of any person in violation or responsible person who has failed to abate the nuisance; and (ii) if any assessed civil penalty is not paid, a director will charge the amount of the penalty, and any costs of abatement undertaken pursuant to Section 32.04.060, as a lien against the property and as a joint and separate personal obligation of any person in violation or failing to abate a nuisance; and

(6)    A statement advising that the order shall become final unless, no later than ten (10) days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the hearing examiner. (Sec. 9 of Ord. 1977-12-51; amended by Sec. 7 of Ord. 1993-03-17; amended by Sec. 4 of Ord. 1995-04-22)