- 1-12C-1: Recordation Of Notices Of Violation
- 1-12C-1-1: Declaration Of Purpose
- 1-12C-1-2: Authority
- 1-12C-1-3: Procedures For Recordation
- 1-12C-1-4: Service Of Notice Of Recordation
- 1-12C-1-5: Failure To Request
- 1-12C-1-6: Notice Of Satisfaction; Procedures
- 1-12C-1-7: Prohibition Against Issuance Of Municipal Permits
- 1-12C-1-8: Cancellation Of Recorded Notice Of Violation
- 1-12C-2: Administrative Civil Penalties
- 1-12C-3: Abatement Of Violation
- 1-12C-4: Costs
- 1-12C-5: Fees
- 1-12C-6: Injunctions
- 1-12C-7: Bonds
The city council finds that there is a need for alternative methods of enforcement for violations of this code and applicable state codes that are found to exist on real property. The city council further finds that an appropriate method of enforcement for these types of violations is the issuance and recordation of notices of violation.
The procedures established in this section 1-12C-1 shall be in addition to criminal, civil, or any other remedy established by law that may be pursued to address the violation of this code or applicable state codes.
Whenever the ACE administrator determines that a property or violation has not been brought into compliance as required in this chapter, the ACE administrator has the authority to record the notice of violation or administrative code enforcement order with the Washington County recorder’s office.
A. Once the ACE administrator or any enforcement official has issued a notice of violation to a responsible person, and the property remains in violation after the deadline established in the notice of violation, and no request for an administrative hearing has been filed, the ACE administrator shall record a notice of violation with the Washington County recorder’s office.
B. If an administrative hearing is held, and an order is issued in the city’s favor, the ACE administrator shall record the administrative code enforcement order with the Washington County recorder’s office.
C. The recordation shall include the name of the property owner, the parcel number, the legal description of the parcel, and a copy of the notice of violation or order.
D. The recordation does not encumber the property, but merely places future interested parties on notice of any continuing violation found upon the property.
A notice of the recordation shall be served on the responsible person and the property owner pursuant to any of the methods of service set forth in section 1-12A-12 of this chapter.
The failure of any person to file a request for an administrative code enforcement hearing when served with a notice of violation shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of violation.
A. When the violations have been corrected, the responsible person or property owner may request an inspection of the property from the ACE administrator and the issuance of a notice of compliance or notice of satisfaction, as the case may be.
B. Upon receipt of a request for inspection, the ACE administrator or an enforcement official shall reinspect the property as soon as practicable to determine whether the violations listed in the notice of violation or the order have been corrected, and whether all necessary permits have been issued and final inspections have been performed.
C. The ACE administrator shall serve a notice of satisfaction to the responsible person or property owner in the manner provided in section 1-12A-12 of this chapter, if the ACE administrator determines that:
1. All violations listed in the recorded notice of violation or order have been corrected;
2. All necessary permits have been issued and finalized;
3. All civil penalties assessed against the property have been paid or satisfied; and
4. The party requesting the notice of satisfaction has paid all administrative fees and costs.
D. If the ACE administrator denies a request to issue a notice of satisfaction, upon request the ACE administrator shall serve the responsible person with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in section 1-12A-12 of this chapter.
The city may withhold business licenses; permits for kennels; or permits for any alteration, repair, or construction pertaining to any existing or new structures or signs on the property; or any permits pertaining to the use and development of the real property or the structure when the ACE administrator or any enforcement official has served a notice of violation upon the responsible party. The city may withhold permits until a notice of satisfaction has been issued by the ACE administrator. The city may not withhold permits that are necessary to obtain a notice of satisfaction or that are necessary to correct serious health and safety violations.
The ACE administrator, an enforcement official, or the responsible person may record the notice of satisfaction with the Washington County recorder’s office. Recordation of the notice of satisfaction shall have the effect of canceling the recorded notice of violation.