1.14.100 Notices and orders, restoration orders, and imposition of civil penalties.
A. Notice and Order. If the Code Compliance Officer determines that a violation of one or more of the provisions listed in RMC 1.14.030.A, Applicability, has occurred, the Code Compliance Officer may issue a notice and order, which may also include a civil penalty as provided for in RMC 1.14.060, Criminal Violations and Penalties, Civil Violations and Penalties, and other Penalties, and a restoration order as provided for in RMC 1.14.080, Restoration and Natural Resources Damages, to any responsible person or persons. The notice and order shall contain the following information:
1. A description of the specific nature and extent of violation and the damage or potential damage;
2. The location of the violation;
3. The violation date;
4. The name of the person who observed the violation, if any is known;
5. The title and section number of the law or regulation violated;
6. A notice that the violation cease and desist;
7. Any civil penalty imposed and the date by which the penalty must be paid;
8. Any restoration required to undo the harm created by the violations or to achieve compliance;
9. The date(s) upon which compliance and restoration shall occur;
10. The deadline for seeking remission or appealing the order to the Violations Hearings Examiner; and
11. That each calendar day the violation continues after receiving this notice is a separate violation.
B. Service of a Notice and Order. A notice and order shall be served by:
1. Mailing the notice and order to the owner of the property on which the violation has occurred (a) at his or her last known address or (b) serving the order in person to the owner of the property on which the violation has occurred.
2. If a notice and order is directed to a person other than the property owner, a cease and desist order shall be served by serving the owner of the property as provided in subsection B.1 and by mailing the notice and order to person(s) to whom it is directed at his/her last known address or serving the order in person to the person(s) to whom the order is directed.
3. If the violation is ongoing, a copy of the notice and order may be left with the occupant of the property, a person conducting activities on the property and apparently in charge of the activities on the site, or be posted in a conspicuous place on the affected property or structure, if any.
4. If the violation consists of a sign which violates provisions listed in RMC 1.14.030.A, Applicability, the notice and order may be served solely by affixing the notice to the sign and serving a copy of the notice and order on the premises of the person advertised by the sign.
C. Mailed Service. All mailed orders shall be mailed first class certified mail, return receipt requested.
D. Proof of Service. Proof of service shall be made by a written declaration under penalty of perjury by the person serving or mailing the order, declaring the date and time of service and the manner by which service was made. The declaration shall be filed with the Code Compliance Hearing Examiner whenever a hearing is requested as provided in this chapter, and it shall be made part of the record of the matter.
E. Extensions of Compliance or Restoration Time Periods. Upon written request prior to completion of the time period, the Code Compliance Officer may extend the date for compliance or for restoration for good cause. Good cause may include substantial completion of the necessary correction(s) or unforeseeable circumstances, which, in the judgment of the Code Compliance Officer, render the completion impossible by the date established.
F. Effective Date. The notice and order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed, receipt at the person’s home or office, or upon posting it upon the property on which the violation occurred or an adjoining public right-of-way.
G. Compliance. Failure to comply with the terms of a notice and order is a violation of this chapter and can result in enforcement actions including, but not limited to, the issuance of an additional civil penalty.
H. The notice and order or any restoration order together with any other documentary evidence in the case may, at the option of the Code Compliance Officer, substitute for a staff report in appeals before the Violations Hearings Examiner.
I. Preprinted forms or other types of forms may be used for notice and orders where they include the information required by this section. Such forms may be filled in by legible handwriting or by any other legible written means.
J. The Code Compliance Officer may impose a civil penalty or require restoration in orders issued separately from any notice and order. The form of these orders shall comply with this section. (Ord. 1935 § 7, 1997).