§ 27-159. Service of notices of violations, orders and notices of assessments.  


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  • Except as otherwise expressly provided by this article, all orders, notices of violations and notices of assessments shall be served upon persons and shall contain the information as provided by this section.

    (a)

    Service. Service shall be by personal delivery or first-class mail, and by also by certified mail, to the person's last known address as shown by the city's tax assessor's records. (If the violator is different than the property owner, a copy of any order or notice shall also be served on the property owner shown in the current tax rolls of the city.) The person served shall sign and date the order or notice and shall return the signed original copy to the city engineer; provided, that the failure or refusal to do so shall not affect the person's obligation to comply with the order or notice. Further, a notice or order served by mail may not actually be received by a person, but this shall not nullify any enforcement action subsequently taken by the city engineer against the person under authority of this article.

    (b)

    Content. All orders and notices shall contain at least the following information, to the extent then known by the city engineer and as determined by the city engineer to be applicable to the situation:

    (1)

    The name and address of the violator;

    (2)

    The location and time that the violation occurred or was observed, and the duration of the violation;

    (3)

    The nature of the violation, including the provisions of this article or of any permit, plan, order, decision, determination or agreement violated;

    (4)

    The basis for determining that a violation has occurred (personal observation, report, etc.);

    (5)

    The amount of the fine, penalty, costs, or charges assessed or due, if any;

    (6)

    The manner in which, and time and date by which, any fine, penalty, costs, or charge must be paid, including any penalty or charge for late payment;

    (7)

    The remedial actions ordered, the time within which required actions must be taken, and any consequences for failure or refusal to do so.

    (8)

    The right to appeal the issuance of the order or notice and a summary of the procedures for appeal, or other applicable administrative procedures.

    (9)

    The date and time the order or notice was issued.

    (c)

    Request for additional information. A person served may request additional information from the city engineer regarding the contents or requirements of any order or notice. However, a request for additional information shall not extend the time for compliance with an order or notice.

(Ord. No. 2011.01, § 1, 1-11-11)