8.23.030 Notice of violation – Issuance – Service.
A. A code compliance officer is authorized to issue and serve a notice of violation upon reasonable belief that a violation of one or more provisions of this chapter has occurred.
B. The notice of violation shall be issued to the property owner of record upon which land a vehicle deemed to be in violation of this chapter is located, as shown on the last equalized assessment roll, and to the last registered and legal owner of record of such vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership.
C. The notice of violation may be served by means of personal service, or by mailing a copy of the notice of violation to such person at the person’s last known address, as determined by the code compliance officer, by certified mail, with return receipt requested. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made.
D. The notice of violation shall contain substantially the following information:
1. The name and address of the person to whom the notice of violation is issued;
2. The location of the subject property by address or other description sufficient for identification of the subject property;
3. A description of the vehicle and its location, and the reasons for which the city deems it to be a public nuisance in violation of this chapter;
4. A description of the corrective action necessary to eliminate the violation;
5. The date by which the corrective action must be completed to avoid a hearing before the hearing examiner;
6. The date and time of the hearing before the hearing examiner;
7. A statement that the person(s) to whom the citation is issued may avoid the hearing before the hearing examiner by completing the corrective action to be taken by the date set forth in the citation;
8. A statement that if any of the persons to whom the notice of violation is issued wish to contest the violation, they must attend the hearing as noted in the notice of violation;
9. A statement that if the person(s) to whom the notice of violation is issued fail to complete the corrective action by the date required or appear at the hearing, the city or its designee may remove, impound and dispose of the vehicle, and assess all costs of administration and removal against the owner of the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner of the vehicle; and
10. A statement that the owner of the land upon which the vehicle is located may provide a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with the owner’s reasons for the denial, as provided in BMC 8.23.040. (Ord. 1874 § 4, 2002).