NOV (1)

NOV (1)

NOTICE OF VIOLATION AND PROPOSED ADMINISTRATIVE CIVIL PENALTY
[Humboldt County Code §352-7]

Address of Affected Property:

Assessor’s Parcel Number:

To Owner:

NOTICE IS HEREBY GIVEN that conditions described in “Attachment A – Conditions Constituting a Violation” exist on property situated in the County of Humboldt, State of California, as described in “Attachment B – Legal Description,” which are in violation of state law and/or the Humboldt County Code. Such conditions exist to an extent that constitutes a “violation” pursuant to Humboldt County Code Section 352-3(t).

YOU ARE HEREBY ORDERED to CORRECT or OTHERWISE REMEDY said violation within ten (10) calendar days after service of this Notice of Violation and Proposed Administrative Civil Penalty.

NOTICE IS FURTHER GIVEN that, if the required corrective action or actions set forth in “Attachment A – Conditions Constituting a Violation” is not commenced, prosecuted and completed within ten (10) calendar days after service of this Notice of Violation and Proposed Administrative Civil Penalty, a daily administrative penalty of _________________________________________ Dollars ($__,_____.00) will be imposed for a period of up to ninety (90) calendar days pursuant to Humboldt County Code Section 352-5.

NOTICE IS FURTHER GIVEN that each calendar day the violation occurs, continues or exists between the date on which the civil administrative penalty is imposed and the date on which the violation is corrected or otherwise remedied shall constitute a separate violation up to the ninetieth (90th) calendar day.
NOTICE IS FURTHER GIVEN that you may file with the Code Enforcement Unit an appeal of the determination that a violation has occurred or exists and/or the amount of the proposed administrative civil penalty within ten (10) calendar days after service of this Notice of Violation and Proposed Administrative Civil Penalty.

NOTICE IS FURTHER GIVEN that an appeal of the Code Enforcement Unit’s determination that a violation has occurred or exists and/or the amount of the proposed administrative civil penalty must be prepared using the form attached hereto as “Attachment C – Administrative Civil Penalty Appeal Hearing Request Form,” and signed under penalty of perjury.

NOTICE IS FURTHER GIVEN that, upon receipt of an appeal of the determination that a violation has occurred or exists and/or the amount of the proposed administrative civil penalty, the Code Enforcement Unit shall set the matter for hearing before a County appointed hearing officer and issue a Notice of Administrative Civil Penalty Appeal Hearing as set forth in Humboldt County Code Section 352-9.

NOTICE IS FURTHER GIVEN that the date of the Administrative Civil Penalty Appeal Hearing shall be no sooner than fifteen (15) calendar days after the date on which the Notice of Administrative Civil Penalty Appeal Hearing is served.

NOTICE IS FURTHER GIVEN that the imposition of the administrative civil penalty shall become final and the Code Enforcement Unit shall acquire jurisdiction to collect the full amount thereof, along with any and all administrative costs and/or attorney’s fees associated therewith, as follows:

Within ten (10) calendar days after service of this Notice of Violation and Proposed Administrative Civil Penalty, if an appeal of the Code Enforcement Unit’s determination that a violation has occurred, and/or an appeal of the amount of the administrative civil penalty, is not filed; or

Within twenty (20) calendar days after service of the Finding of Violation and Order Imposing Administrative Civil Penalty, if a request for judicial review of the Hearing Officer’s imposition of the final administrative civil penalty is not filed with the Humboldt County Superior Court as set forth in California Government Code Section 53069.4(b)(1)-(2); or

Within ten (10) calendar days after service of the Humboldt County Superior Court’s decision regarding the hearing officer’s imposition of the final administrative civil penalty, if the Court finds in favor of the Code Enforcement Unit.

NOTICE IS FURTHER GIVEN that the final administrative civil penalty, along with any and all administrative costs and/or attorney’s fees associated therewith, may become a lien against the property on which the violation occurred or exists that has the same force, effect and priority of a judgment lien governed by the provisions of California Code of Civil Procedure Sections 697.310, et seq., and may be extended as provided in California Code of Civil Procedure Sections 683.110, et seq.

NOTICE IS FURTHER GIVEN that an additional Notice of Violation and Proposed Administrative Civil Penalty can be served upon you, if the violation occurs, continues or exists after ninety (90) days from the date on which the initial civil administrative penalty is imposed.

FOR THE HUMBOLDT COUNTY CODE ENFORCEMENT UNIT:

Signature: ________________________________ Title: _____________________________

Name: ___________________________________ Date: _____________________________
ATTACHMENT A
CONDITIONS CONSTITUTING A VIOLATION
Code Section
Nature of Violation
Corrective Action Required
VC
§311-10.1
Building/property use or operation in violation of zoning code
Apply for, and obtain, permits from the Humboldt County Planning and Building Department

§312-3
Development within coastal zone without permits
Cease development and apply for the proper permits

§314-45.1
Cottage industry violation
Cease use and apply for the proper permits

§314-81.1
Habitation of mobile home or trailer
Disconnect utilities and cease use as a residence

§314-87.1
Secondary dwelling unit without permits
Apply for, and obtain, permits from the Humboldt County Planning and Building Department

§331-11
Building conditions endanger life, health, safety or welfare of public (Health and Safety Code §17920.3)
Apply for, and obtain, repair, securement or demolition permits from the Humboldt County Planning and Building Department

§331-14
Grading without permits
Apply for and obtain permits to develop and implement a restoration plan

§331-28
Construction of structures in violation of building, plumbing and/or electrical codes
Apply for and obtain permits to develop and implement a restoration plan

§354-1
Junk vehicles
a) Restore vehicles to operative condition; or
b) Remove inoperative vehicle; or
c) Store vehicle in enclosed structure

§371-2
Maintaining a junkyard
a) Contain all debris within a 200 foot area; or
b) Contain all debris in an enclosed structure; or
c) Remove all debris

§511-1
Failure to obtain permit for food establishment
Apply for, and obtain, permits from the Humboldt County Planning and Building Department

§521-4
Storage and removal of solid waste
Contain and dispose of all solid waste

§521-10
Improper disposal of solid waste
Properly remove of all solid waste (no burning or burying of solid waste)

§611-3
Unapproved sewage disposal system
Apply for, and obtain, sewage disposal system permits from the Humboldt County Environmental Health Division

§1001
Substandard housing
Correct substandard conditions as required by the Humboldt County Environmental Health Division, including obtaining a building permit, if necessary

Remarks:
*VC = Violation Category

ATTACHMENT B
LEGAL DESCRIPTION

ATTACHMENT C
CODE ENFORCEMENT APPEAL HEARING REQUEST FORM
Address of Affected Property:

Assessor’s Parcel Number:

To: Humboldt County Code Enforcement Unit
3015 H Street
Eureka California, 95501

Pursuant to Humboldt County Code Section 352-9, I am requesting a hearing to contest the Humboldt County Code Enforcement Unit’s determination that a violation has occurred or exists on the above-referenced property and/or the amount of the proposed administrative civil penalty.

[Brief statement setting forth the interest that the requesting party has in the Code Enforcement Unit’s determination that a violation has occurred or exists on the affected property]: __________________________
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

[Brief statement of the material facts that the requesting party claims support the contention that a violation has not occurred, and/or does not exist, on the affected property, if applicable]: ___________________________
_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

[Brief statement of the material facts that the requesting party claims support the contention that the amount of the proposed administrative civil penalty is inappropriate under the circumstances, if applicable]: _
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

[Address at which the requesting party agrees to accept service of any additional notices or documents relating to the Code Enforcement Unit’s determination that a violation has occurred or exists on the affected property and/or the amount of the proposed administrative penalty]:

Name: __________________________________________________________________________________

Address: _________________________________________________________________________________

City, State: _______________________________________________________________________________

Telephone Number: ________________________________________________________________________

I hereby declare under the penalty of perjury, under the laws of the State of California, that the foregoing is true and correct to the best of my knowledge.

Signature: ________________________________________

Name: ___________________________________________

Date: ____________________________________________

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