A. Violations of the Municipal Code affecting uses of or conditions upon real property may be corrected through the issuance of a notice of violation pursuant to CVMC 1.41.030 to the responsible party requiring certain actions to be taken to bring the property or structure into compliance. The responsible party will be allowed a reasonable period of time in which to correct the violation, normally not less than 10 calendar days. Failure to comply within the time prescribed can then result in the issuance of an administrative citation in accordance with CVMC 1.41.100 or any other method or combination of methods deemed appropriate.

B. An administrative citation is a notice to the responsible party which mandates the corrective action and establishes a fine as a penalty for the prior noncompliance of the notice of violation. Subsequent administrative citations may be issued with increased penalty. Corrective action that may be required of a responsible party includes, but is not limited to, the removal of encroachments into public property, the mitigation or restoration of land or adjoining property for illegal grading or development, the removal or modification of blockages of drainage ways and the removal of structures to rectify any code violation or cure any hazardous condition. It includes any other process necessary for abatement. In addition, through the notice and hearing procedures of Chapters 1.30 and 1.40 CVMC, the responsible party can be made subject to an order of abatement through which the corrective work will be undertaken by the City and the cost will be imposed as a lien against the property if the responsible party fails to respond.

C. Each day a violation exists on real property is a continuing and additional violation, and all remedies, penalties and assessments are cumulative.

D. In addition to a notice of violation, a cease and desist order can be issued pursuant to CVMC 1.41.070 to one or more responsible parties or other persons who perform work in violation of a permit or without a required permit. Violation of the cease and desist order is a separate misdemeanor. A responsible party or any person on scene actively conducting the violation under the direction of a responsible party is subject to arrest without a warrant for continuing work in violation of the cease and desist order, as well as for the actions constituting the violation of this code. A responsible party can be required to obtain necessary permits, restore or revegetate the property, or both, and correct or mitigate the consequences of the violation. Administrative citations can also be issued assessing administrative fines for both the creation of and the continuance of the violation.

E. If the responsible party fails or refuses to correct the violation, proceedings may be undertaken to abate any existing or resulting nuisance, pursuant to Chapter 1.30 CVMC. Abatement orders authorize a Director to enter upon property and correct the violation or condition, or the removal of encroachment upon public property. Enforcement costs may be imposed against the responsible party and noncomplying property.

F. During the pendency of the violation and the enforcement process, a notice of violation may be recorded against the property pursuant to CVMC 1.41.040 describing the particulars of the violation to insure that the property is properly abated prior to or upon transfer. The recorded notice of violation will be released upon issuance of a notice of compliance which shall be recorded by the Director in due course within 15 days after request for such release by the property owner.

G. During the inspection and enforcement process, cost recovery can be imposed for the cost of reinspection (CVMC 1.41.060) and the costs of City services to abate (Chapter 1.30 CVMC and CVMC 1.41.140). These costs may be recorded as a lien against the property following the procedures under this chapter or the waiver thereof by the responsible party.

H. Various steps or procedures under this chapter may require notice and a hearing pursuant to Chapter 1.40 CVMC. When appropriate, notice and hearing requirements for separate administrative actions may be consolidated. (Ord. 2718 § 3, 1998).