Notice of Violation - A
Notice of Violation (NOV) informs the responsible party that a violation of the
code exists, explains the violation, identifies the relevant code section being
violated, and provides the required corrective action and timeline to complete
the correction. There is no monetary penalty associated with a NOV.
Administrative Citation -
Code Enforcement's main tool for gaining compliance is through the use of the
administrative citation program. Administrative citations are non-criminal penalties issued by local government agencies (cities/counties) for
violations of ordinances, such as building, zoning, health, or safety codes. Citations are a fast and efficient enforcement tool to correct violations, often involving
fines with amounts set by the City Council, without requiring court appearances or criminal prosecution. Anyone who receives an administrative citation has the right to appeal the citation to an administrative hearing officer.
Courtesy Notice - A
Courtesy Notice is a letter informing the recipient that a complaint has been
received about a potential violation for which they are responsible. The
violation has not yet been confirmed by Code Enforcement. The letter makes the
recipient aware of the complaint as well as the code section that is alleged to
be violated. This allows the responsible party time to abate the violation, if
one exists, before further action is taken by Code Enforcement.
Referral to City Attorney's
Office - When violations continue unabated and, in general, three
administrative citations have been issued, Code Enforcement will prepare an
investigative report, referring the matter to the City Attorney's Office (CAO).
In many cases, Code Enforcement will refer a matter to the CAO if the violation continues unabated after three administrative citations, but some matters may be referred earlier or later. The CAO will review the report and decide whether to criminally prosecute the
responsible party or employ other enforcement tools in order to gain
compliance.
Habitability Determination -
When Code Enforcement receives a report about issues that may affect the health
and safety of residential tenants, a Code Enforcement Officer investigates the
concern. When the Officer determines that the condition exists and is serious
enough to endanger the tenant’s health or safety, the Code Enforcement Officer completes a Habitability Determination form stating that the unit has been inspected and determined to be uninhabitable. There are two different habitability determination
forms. An "Inadequate Kitchen Facilities" form is used for concerns
where all or part of a kitchen is unusable, but the unit is otherwise habitable. A
"Residential Habitability Form" is used there is a non-kitchen condition that endangers the tenant’s health or safety.
Tenant Relocation -
– If the Code Enforcement Officer issues either kind of Habitability Determination, the officer will generally order the landlord to provide the tenant temporary relocation benefits, unless the tenant caused the uninhabitable condition or the condition substantially originated off the property such as a natural disaster. If the officer issues an “Inadequate Kitchen Facilities” form, the landlord is only required to provide the tenant a meal per diem. When the officer issues a “Residential Habitability Determination” form, the landlord
has the choice to 1. relocate the tenant(s) to comparable housing, 2. pay the
tenant(s) a daily relocation fee, or 3. put the tenants in a local hotel at the
landlord's expense (5 days max). The tenant(s) must be provided one of these
relocation benefits until the underlying habitability condition has been
resolved. Failure to provide relocation benefits as ordered may result in administrative citations and fines and civil and/or criminal penalties.
Stop Work Order - A
Stop Work Order is issued when construction is taking place without the proper
permits and approvals first being obtained. It can also be issued when there is
a deviation from the approved permits. Once a SWO has been issued, all work
shall remain stopped until the SWO is lifted. Violation of a SWO may result in
administrative citations and fines and/or criminal penalties.
Business License Suspension
or Revocation - If a business is found to be operating in
contravention to the City's laws and does not come into compliance voluntarily
or through the use of the administrative citation process, the City may go
through the process of suspending or revoking the business license. If a
business license is suspended or revoked, all business activities must cease until the
license is reissued. Failure to do so may result in additional administrative citations and fines and/or
criminal penalties.
Abatement Warrants -
An abatement warrant is another type of warrant signed by a judge. These
warrants allow the City to enter private property to fix a violation that is a
threat to the health and safety of the community. In order to obtain an abatement warrant, the City must have a record that the responsible party has failed to abate the violation after adequate opportunity to do so.