§ 9404.2. Initial Enforcement Action.

A.

Determination. This Section describes the procedures for initiating enforcement actions in cases where the Director, the Building Official, and/or their designee(s) have determined that real property within the City is being used, maintained, or allowed to exist in a substandard condition. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Code may be avoided.

B.

Notice to Responsible Parties. The Building Official or the City's Code Services Staff, shall provide the record owner of the subject site and any person in possession or control of the site and any other responsible parties with a written Notice of Violation. The notice shall be given by personal delivery to the owner and the responsible party described in the notice or by depositing it in the United States mail addressed to the owner, agent of the owner, lessee, occupant, or person in possession of the premises therein described at his or her last known address. If no address is known or made known, then to general delivery, Arcadia, California, and there shall be a copy of such notice posted in a conspicuous place upon the building, structure, or improvement.

C.

Contents of Notice. The Notice of Violation shall include the following information:

1.

A description of each violation and citations of applicable Code provisions being violated;

2.

An order to correct and abate the violations and any public nuisance within 14 days from the date of the notice, or within a shorter time as stated in the notice if the violation constitutes a hazard to public health or safety;

3.

A statement that the City intends to charge the property owner for all administrative costs associated with the abatement of the violation(s); and

4.

A statement that the property owner or any person in possession or control of the site may, within fourteen (14) days from the issuance of the Notice of Violation, submit a written appeal of the order to abate to the Director.

D.

Proof of Service. In the absence of fraud, no error or mistake in the sending of the notices, and no failure on the part of any property owner to receive the same shall in any way affect the validity of the proceedings, but the person mailing or posting such notice may file his or her affidavit of mailing or posting, and such affidavit shall be conclusive evidence that the notices have been mailed or posted as required.

E.

Other Procedures. Other enforcement procedures, including but not limited to civil or criminal prosecution may be employed by the City after or instead of the provisions of this Section.

( Ord. No. 2346 , § 1, 4-4-17)