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A. Issuance of notice of violation. When the City determines that a violation has occurred or is occurring and does not secure voluntary correction pursuant to SMC 1.14.070, the Code Enforcement Officer may issue a notice of violation to any person responsible for the violation.

B. Contents of notice. The notice of violation shall include the following:

1. The name and address of a person responsible for the violation; and

2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and

3. A description of the violation and a reference to the provisions violated; and

4. A statement indicating that the violator must respond to the notice of violation within fourteen (14) days of the date of issuance by doing one of the following:

a. Paying the fine and correcting the violation;

b. Requesting a mitigation hearing and correcting the violation; or

c. Requesting a hearing to contest the violation; and

5. A statement indicating that failure to respond shall result in the violation(s) being deemed committed without requiring further action by the City, and that the full fine amount indicated on the notice of violation shall be due and owing to the City by the person or entity to whom the notice of violation was issued; and

6. A statement indicating that, unless a request to contest the violation or to mitigate the penalty is properly filed, a monetary penalty of five hundred dollars ($500) for each violation listed on the notice of violation is due and owing at the time the notice of violation is issued, and must be paid in full within thirty (30) days or may be assigned to a collection agency; and

7. A statement indicating that if the person or entity to whom a notice of violation was issued requests a hearing and fails to attend the hearing, a default judgment shall be entered against the person or entity to whom the violation was issued, with the full amount of the fine indicated on the notice of violation immediately due and owing, and that any unpaid fines and any costs may be assigned to a collection agency after thirty (30) days have elapsed from the date the notice of violation was issued; and

8. A statement indicating that the City may seek to recover from the person to whom the notice of violation was issued the costs to the City of any abatement action taken; and

9. A statement indicating that separate notices of violation may be issued for each day, or portion thereof, in which a violation continues; and

10. A statement indicating that payment of a monetary penalty does not relieve the person or entity named in the notice of violation of the duty to abate the violation, and that failure to abate may result in the issuance of additional notices of violation and/or criminal charges, with additional civil and/or criminal penalties.

C. Service of notice of violation. Service of a notice of violation may be accomplished by Certified Mail – Return Receipt Requested or by personal service, at the discretion of the Code Enforcement Officer, or by posting or publication if an address for the person responsible for the violation cannot be ascertained, pursuant to SMC 1.14.060.

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