1.40.050 Notice of civil violation.
(1) Issuance.
(a) When the applicable department director determines that a violation has occurred or is occurring, and is unable to secure voluntary correction pursuant to PMC 1.40.040, the applicable department director may issue a notice of civil violation to the person responsible for the violation.
(b) The applicable department director may issue a notice of civil violation without having attempted to secure voluntary correction as provided in PMC 1.40.040 under the following circumstances:
(i) When an emergency exists; or
(ii) When a repeat violation occurs; or
(iii) When the violation creates a situation or condition which cannot be corrected; or
(iv) When the person knows or reasonably should have known that the action is in violation of a City of Pasco regulation.
(2) Content. The notice of civil violation shall include the following information:
(a) The name and address of the person responsible for the violation; and
(b) The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
(c) A description of the violation and a reference to the provision(s) of the City of Pasco regulation which has been violated; and
(d) The required corrective action and a date and time by which the correction must be completed after which the City may abate the unlawful condition in accordance with PMC 1.40.070 and the Code Enforcement Board’s order; and
(e) The date, time and location of an appeal hearing before the Code Enforcement Board, which will be at least 10 days from the date the notice of civil violation is issued; and
(f) A statement indicating that the hearing, other than the repeat violation hearing, will be canceled and no monetary penalty will be assessed if the applicable department director approves the completed, required corrective action at least 48 hours prior to the hearing; and
(g) A statement that the costs and expenses of abatement incurred by the City pursuant to PMC 1.40.070(4) and a monetary penalty in an amount per day for each violation as specified in PMC 1.40.050(5) may be assessed against the person to whom the notice of civil violation is directed as specified and ordered by the Code Enforcement Board.
(3) Service of Notice. The applicable department director shall serve the notice of civil violation upon the person to whom it is directed, either personally or by mailing, by both regular mail and certified mail, a copy of the notice of violation to such person at their last known address. If the person to whom it is directed cannot after due diligence be personally served within Franklin County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the notice of civil violation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting the facts showing that due diligence was used in attempting to serve the person personally or by mail.
(4) Extension. No extension of the time specified in the notice of civil violation for correction of the violation may be granted, except by order of the Code Enforcement Board.
(5) Monetary Penalty. The maximum monetary penalty for each separate violation per day or portion thereof shall be as set forth in Chapter 3.35 PMC.
(6) Continued Duty to Correct. Payment of the monetary penalty does not relieve the person to whom the notice of civil violation was issued of the duty to correct the violation.
(7) Collection of Monetary Penalty.
(a) The monetary penalty constitutes a personal obligation of the person to whom the notice of violation is directed. Any monetary penalty assessed must be paid to the City of Pasco within 10 calendar days from the date of mailing of the Code Enforcement Board’s decision or a notice from the City that penalties are due.
(b) The City Manager or his/her designee is authorized to take appropriate action to collect the monetary penalty. [Ord. 4085, 2012; Ord. 3873, 2008; Ord. 3190 § 1, 1996; Code 1970 § 11.02.050.]