SEC. 1-045. NOTICE OF VIOLATION - PROCEDURES:
Whenever it is determined that a violation of the Municipal Code or applicable
state codes exists, the Director or Code Enforcement Officer may issue a Notice
of Violation to the Responsible Person(s). The Notice of Violation shall include
the following information:
A. The name of the Responsible Party;
B. The name of the owner, if different from the Responsible Person;
C. Street address;
D. The code sections in violation;
E. A description of the conditions which violates the applicable codes;
F. A list of necessary corrections to bring the property into compliance;
G. A deadline or specific date to correct the violations listed in the Notice
of Violation;
H. A list of the potential consequences for failure to comply with the Notice
including, but not limited to: criminal prosecution, civil injunction, administrative
abatement, administrative citations, civil penalties, revocation of permits,
recordation of the Notice of Violation and withholding of future municipal permits.
(Repealed and Reenacted by Ordinance 033-96C.S. — Effective October 23,
1996)
SEC. 1-046. RECORDATION OF NOTICES OF VIOLATION; PURPOSE:
The Council finds that there is a need to give notice of pending enforcement
actions to persons who may subsequently acquire the property as a means by
which to ensure the violations will be corrected. An appropriate method to
accomplish this is through the issuance and recordation of Notices of Violation.
The procedures established in this Division shall be in addition to criminal,
civil, or any other remedy established by law which may be pursued to address
violations of the Municipal Code or applicable state codes.
(Repealed and Reenacted by Ordinance 033-96C.S. — Effective October 23,
1996)
SEC. 1-046.1. PROCEDURES FOR RECORDATION:
A. Once a Director has issued a Notice of Violation to a Responsible Person
and the property remains in violation after the deadline established in the
Notice of Violation, the Director may record the Notice of Violation with
the San Joaquin County Recorder's Office.
B. Before recordation, a Director shall provide to the Responsible Person a
Notice of Intent to Record stating that a Notice of Violation will be recorded
unless a written request to appeal this action is received pursuant to the
procedures outlined in this Division. The letter shall be served in accordance
with the methods set forth in Section 1-018.
C. If a written request to appeal is not received within the time frame specified,
the Director may thereafter cause the Notice of Violation to be recorded, if
the violations remain.
D. The recorded Notice of Violation shall include the name of the property
owner, the assessor's parcel number, the street address, the parcel's legal
description, and a copy of the latest Notice of Violation.
E. Any costs associated with Recording and Removal may be assessed against
the property as provided for herein.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-047. SERVICE OF NOTICE OF VIOLATION:
A copy of the recorded Notice of Violation shall be mailed to the Responsible
Person and to the Property Owner and/or any other persons who have requested
copies of such Notices pursuant to any of the methods of service set forth
in Section 1-018 of this Code.
(Repealed and Reenacted by Ordinance 033-96C.S. — Effective October 23,
1996)
SEC. 1-048. PROCEDURES TO APPEAL RECORDATION:
A. An appeal of the Director's Notice of Intent to Record the Notice of Violation
shall follow the procedures set forth in Sections 1-082 through 1-088.
B. Upon receiving a written appeal, the Director shall schedule a hearing pursuant
to the procedures set forth in Division 7, Part II of Chapter 1. The purpose
of the hearing is for the Responsible Person or property owner to state any
reasons why a Notice of Violation should not be recorded.
C. The failure of any person to file an appeal in accordance with these provisions
shall constitute a waiver of the right to an administrative hearing and shall
not affect the validity of the recorded Notice of Violation.
(Repealed and Reenacted by Ordinance 033-96C.S. — Effective October 23,
1996)
SEC. 1-049. APPEAL HEARING — RECORDATION OF NOTICE:
A. At the appeal hearing, the Hearing Officer shall only consider evidence
that is consistent with the City Manager's rules and procedures for administrative
hearings, and that is relevant to the following issues:
1. Whether the conditions listed in the Notice of Violation violate the Municipal
Code or applicable state codes; and
2. Whether the Director afforded the Responsible Person with due process by
adhering to the notification procedures specified in this Division.
B. If the Hearing Officer affirms the Director's decision, the Director may
proceed to record the Notice of Violation.
C. If the Hearing Officer determines that recordation is improper, the Hearing
Officer shall invalidate the Director's decision to record the Notice of Violation.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-050. NOTICE OF COMPLIANCE - REMOVAL PROCEDURES:
A. When the violations listed on the Notice of Violation have been corrected,
the Responsible Person or property owner may file with the Director a written
request for a Notice of Compliance on a form provided by the City.
B. Once the Director receives this request, the Director shall reinspect the
property within ten (10) days from receipt of the request to determine whether
the violations listed in the Notice of Violation have been corrected and whether
all necessary permits have been issued and final inspections have been performed.
C. The Director shall provide a Notice of Compliance to the Responsible Person
or property owner if the Director determines that:
1. all violations listed in the recorded Notice of Violation have been corrected;
and
2. all necessary permits have been issued and finalized; and
3. all administrative fines or civil penalties have been paid; and
4. the party requesting the issuance of the Notice of Compliance has paid an
administrative fee to reimburse the City for all administrative costs.
D. Administrative costs may include costs incurred in the investigation, inspection,
reinspection, title search, appeal hearing, and any other processing costs
associated with the violations specified on the Notice of Violation.
E. If the Director denies a request to issue a Notice of Compliance, the Director
shall serve the requesting party, the Responsible Person and the property owner
with a written explanation within 5 days from the inspection setting forth
the reasons for the denial. The written explanation shall be served by any
of the methods of service listed in Section 1-018 of this Code.
F. The Director's decision denying a request to issue a Notice of Compliance
constitutes the final decision in the matter and is not appealable.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-051. PROHIBITION AGAINST ISSUANCE OF MUNICIPAL PERMITS:
For properties where a Notice of Violation has been recorded, the City may
withhold permits for repair, construction and/or alteration on the affected
property until a Notice of Compliance has been issued by the Director. The
City may not withhold permits which are necessary to obtain a Notice of Compliance
or which are necessary to correct serious health and safety violations.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
SEC. 1-052. CANCELLATION OF RECORDED NOTICE OF VIOLATION:
The Director shall record or cause to be recorded the Notice of Compliance
with the County Recorder's Office. The recordation of the Notice of Compliance
shall have the effect of canceling the recorded Notice of Violation.
(Added by Ordinance 033-96C.S. — Effective October 23, 1996)
Stockton,
CA 
