§ 49-4. Administrative enforcement actions.

a.

Whenever he or she becomes aware that any act/omission constituting a violation of this Article has occurred, the Enforcement Officer may:

1.

Issue an administrative order finding that a person or persons is/are responsible for a violation of this Article and directing such responsible person to pay an administrative penalty in the applicable amount set forth in Section 49-8;

2.

Issue an administrative order directing any responsible person to undertake partial or comprehensive actions, so as to provide adequate protection of the public health, welfare, the environment or natural resources, by abating a nuisance resulting from a violation of this Article;

3.

If, in the opinion of the Enforcement Officer, the nuisance constitutes an immediate threat to public health or safety, summarily abate the nuisance; and/or

4.

Request that the District Attorney or County Counsel immediately seek relief as may be necessary or appropriate from a court of competent jurisdiction. Said court, upon finding that there is, or that the conditions complained of may present an endangerment to the public health, welfare, the environment or natural resources arising out of or resulting from such nuisance, in whole or in part, shall grant relief to abate the nuisance as is consistent with the relevant requirements of this Chapter and the public interest to secure adequate protection of the public health, welfare, the environment or natural resources.

b.

At his discretion, the Enforcement Officer may both issue administrative order(s) and request that the district attorney or county counsel seek such relief as may be necessary or appropriate from a court of competent jurisdiction pursuant to this section.

c.

Any such administrative order shall be served by personal service, registered mail or certified mail with return receipt requested addressed to the person subject to the order.

d.

The administrative order(s) issued by the Enforcement Officer pursuant to this section shall include a statement of the factual and legal grounds upon which the order is issued, a schedule for completion of specific actions ordered and specify the amount(s) of the administrative penalties applicable, both for violating this Article and for failure to comply with specific actions ordered. Such order shall also specifically advise the person(s) to whom it is issued of the right to contest the order and request a hearing as provided for in Section 49-5. Such order shall also conspicuously advise the person(s) to whom it is directed that failure to request the hearing within the time and in the manner provided in Section 49-5 will result in the order becoming final and binding.

e.

The administrative order issued by the Enforcement Officer pursuant to this section shall become final and binding on the eighth (8th) day following service of the Enforcement Officer's order, unless the person who has been named in the order files a timely objection which complies in all respects with the requirements of Section 49-5.

(Ord. No. 3900, § 1, 1-25-05)