(Ord. 1040 § 5 Exh. E (part), 2002: prior code § 10-2.3901)

It shall be the duty of the Community Development Director and the Director's authorized agents and/or employees to enforce the provisions of this Title 10.

The Community Development Director and the Directors authorized agents are hereby authorized to issue citations or stop orders to prohibit further construction or the use of structures or land on which there are violations of this Title 10 or any Code adopted by reference by this title. Stop orders shall remain in effect until violations are eliminated.

(Prior code § 10-2.3902)

(a)

If property in the City exists in violation of this Title 10 and the owner fails or refuses to correct the violation, the City may record a notice of violation against the affected property in the San Joaquin County recorder's office.

(b)

Before recording such a notice, the City shall do all of the following:

(1)

The Director of Development and Engineering Services, or his or her designee, shall send written notice to the current owner(s) and any mortgage holder that a violation exists and request that the owner correct the violation within a specific, reasonable period of time. The Director may, in his or her discretion, send more than one notice and conduct an informal show cause hearing to discuss the violation with the owner.

(2)

If the owner fails or refuses to correct the violation within the time specified, the Director of Development and Engineering Services shall mail to the current owner by regular first class and by certified mail a notice of intention to record a notice of violation, describing the real property in detail, naming the owners, describing the violation in detail (including relevant Municipal Code sections), and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date and place for a Planning Commission hearing at which the owner may present evidence to the Planning Commission why the notice should not be recorded. The hearing shall take place no sooner than thirty (30) days and no later than sixty (60) days from the date of mailing.

(3)

The Planning Commission shall hear the matter on the date scheduled. If after the owner and the City staff have presented evidence, the commission determines that there is no violation, the Director of Development and Engineering Services shall mail a clearance letter to the current owner. If the owner fails to appear, or the commission determines that there is a violation, the commission may, by resolution, direct the Director of Development and Engineering Services to record the notice of violation with the county recorder.

(4)

The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property, under California Civil Code sections 1213 and 1215.

(5)

If the owner corrects the violation or the property otherwise becomes conforming after the notice has been recorded, and the owner has notified the City in writing and consented to an inspection to confirm the correction, the Director of Development and Engineering Services shall record a release or cancellation of the notice of violation. (Reference: 63 Ops. Cal. Atty. Gen. 905)

(Ord. 1040 § 4 Exh. D, 2002)