1.14.020 Notice of violation.
A. Whenever an enforcement officer finds that a provision of this code has been violated, including but not limited to a failure to comply with a term or condition imposed by any agreement, entitlement, permit, license or environmental document issued or approved by or on behalf of the city or the Petaluma community development commission, or a failure to comply with any other laws the violation of which constitutes a nuisance condition, and such officer elects to pursue administrative enforcement pursuant to Chapters 1.10 through 1.16, he or she may issue the responsible party an NOV.1 Such NOV shall be served on the responsible party in the manner described in subsection B of this section. The enforcement officer shall include the following information in the NOV:
1. The date and location of the violation, including the address or other description of the location where the violation occurred or is occurring and a brief description of the conditions observed that constitute a violation.
2. The name(s) of the responsible party(ies), if known.
3. The code section(s) being violated and a description of the section(s).
4. Actions required to correct, abate or mitigate the nuisance condition or code violation, and a period of time during which action(s) shall be commenced and completed, considering the factors listed in Section 1.14.040.
5. An order prohibiting the continuation or repeated occurrence of a nuisance condition or violation of this code described in the NOV.
6. Except when the enforcement officer orders the responsible party to appear at a hearing to show cause pursuant to Section 1.14.030, a statement that the person upon whom the NOV is served may appeal the determination that there is/are violation(s) as alleged, that the person who was served with the NOV is the responsible party, or that the amount of any administrative fine imposed is warranted. The NOV will instruct the person being served as to the proper procedure and time frame for submitting an appeal.
7. If applicable, notice that failure to correct or abate the listed violations in the NOV within the time specified will subject the responsible party to a penalty pursuant to Section 1.14.050. If a penalty will be imposed, the NOV shall include the amount of the penalty.
8. The signature of the citing enforcement officer and city contact information (address, telephone number) for additional information.
B. The NOV shall be served upon the responsible party or owner personally or by United States mail, first-class postage prepaid, and if by such mail, it shall be sent to the last known address listed on the most recent tax assessor’s records. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by first-class mail, service shall be deemed complete at the time of deposit into the United States mail. Where service is by first-class mail, a copy of the NOV shall be conspicuously posted at the affected property when reasonably practicable for a period of not less than three calendar days prior to the first date that commencement of corrective action or abatement is to be undertaken. The failure to receive an NOV sent via first-class mail shall not affect the validity of any enforcement proceedings under Chapters 1.10 through 1.16.
C. Proof of service shall be certified by a written declaration under penalty of perjury executed by the person effecting service, declaring the date, time, and manner of service, and the date and place of posting, if applicable. The declaration shall be affixed to a copy of the NOV and retained by the enforcement officer.
D. The failure of an NOV to satisfy all of the requirements of this provision shall not affect the validity of any other enforcement proceedings under this code.
(Ord. 2385 NCS §1 (part), 2010; Ord. 2250 NCS §3 (part), 2006.)