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The Notice of Violation and Proposed Administrative Civil Penalty shall contain all of the following:

(a) The name and last known address of each Responsible Party.

(b) A street address, legal description or other description sufficient to identify the Property on which the Violation occurred or exists.

(c) A description of the specific acts or omissions that gave rise to the Violation and the specific provision of each code, ordinance, regulation, condition or other legal requirement that has been violated and identification of the Violation category that the Violation falls within.

(d) An order to correct or otherwise remedy any continuing Violation within ten (10) calendar days after service of the Notice of Violation and Proposed Administrative Civil Penalty, except in situations in which the Violation creates an immediate danger the health, safety and/or general welfare of the public.

(e) A statement that each calendar day the Violation occurs, continues or exists between the Imposition Date and the Completion Date shall constitute a separate Violation up to the ninetieth (90th) calendar day.

(f) The amount of the proposed administrative civil penalty that will be incurred each calendar day the Violation occurs, continues or exists between the Imposition Date and the Completion Date up to the ninetieth (90th) calendar day.

(g) A statement that the Responsible Party may file with the Code Enforcement Unit a written 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 the Notice of Violation and Proposed Administrative Civil Penalty.

(h) A statement that an appeal of the Code Enforcement Unit’s determination that a Violation has occurred and/or the amount of the proposed administrative civil penalty must be prepared using the form provided with the Notice of Violation and Proposed Administrative Civil Penalty, and shall contain all of the following information:

(i) The name and current address of each Responsible Party.

(ii) A street address, legal description or other description sufficient to identify the Property on which the Violation occurred or exists.

(iii) A brief statement setting forth the Appellant’s interest in the proceedings.

(iv) A brief statement of the material facts which support the Appellant’s contention that no Violation occurred or exists and that an administrative civil penalty should not be imposed as a result thereof, if applicable.

(v) A brief statement of the material facts which support the Appellant’s contention that the amount of the proposed administrative civil penalty is inappropriate under the circumstances, if applicable.

(vi) An address at which the Appellant agrees that any additional notices relating to the imposition of the proposed administrative civil penalty may be served by the Code Enforcement Unit.

(i) A statement that an appeal of the Code Enforcement Unit’s determination that a Violation has occurred and/or the amount of the proposed administrative civil penalty must be signed by the Appellant under penalty of perjury.

(j) A statement that, upon receipt of an appeal of the determination that a Violation has occurred and/or the amount of the proposed administrative civil penalty, the Code Enforcement Unit shall set the matter for hearing before a Hearing Officer appointed by the Humboldt County Board of Supervisors pursuant to California Government Code Section 27720 and issue a Notice of Administrative Civil Penalty Appeal Hearing as set forth in this Chapter.

(k) A statement 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 on the Appellant.

(l) A statement that the imposition of the administrative civil penalty shall become final and the Code Enforcement Unit shall acquire jurisdiction to collect full amount thereof and any and all Administrative Costs and/or Attorney’s Fees, as follows:

(i) Within ten (10) calendar days after service of the 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 as set forth in this Chapter; or

(ii) 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 this Chapter and California Government Code Section 53069.4(b)(1)-(2); or

(iii) 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 against the Appellant.

(m) A statement 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 which 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.

(n) A statement that an additional Notice of Violation can be served upon the Responsible Party as set forth in this Chapter, if a Violation occurs, continues or exists after ninety (90) days from the Imposition Date of the initial administrative civil penalty. (Ord. 2138a, § 1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, § 1, 8/23/2011; Ord. 2576, § 5, 6/27/2017; Ord. 2646, § 2, 7/28/2020)