2.50.120 Notice of code violation.
A. If the city manager or designee is satisfied that a code violation exists, the compliance officer will cause a notice of code violation to be posted on the premises, or at the site of the code violation, directing the responsible person to correct the code violation.
B. At the time of posting, the compliance officer must also cause a copy of the notice of code violation to be forwarded by certified mail, postage prepaid, to any person in charge of the premises and to the owner of the premises (or registered agent) at the last known address of such person(s) as shown on the tax rolls of Yamhill County. If the mailed notice of code violation is returned as undeliverable or is unclaimed by the property owner, it will not preclude the city from taking enforcement or corrective actions as described in this chapter.
C. The notice of code violation must contain:
1. A description of the real property, by street address or otherwise, on which the code violation exists.
2. A description of the code violation found to exist by the compliance officer.
3. A determination of whether the code violation presents an immediate threat to the public health, welfare or safety.
4. A direction to correct the code violation within 10 days from the date of notice.
5. If the code violation is for a public nuisance described in Chapter 8.10, a statement that unless the code violation is corrected by the deadline, the city may correct the code violation and assess the full cost of corrective action, including administrative charges, against all responsible persons and that such corrective action costs will become a lien on the property if not paid in full within 30 days of invoicing.
6. A statement that failure to correct a code violation may warrant imposition of a civil penalty upon all persons responsible for the code violation.
7. A statement that the owner or any responsible person may protest the notice of code violation by giving written notice to the city manager within 10 days from the date of the notice, together with a written statement as to why a code violation does not exist.
D. Upon completion of the posting and mailing of the notice of code violation, the compliance officer must execute and place on file with the city manager or designee a certificate stating the date and place of the mailing and posting.
E. If the compliance officer meets all requirements for posting and mailing the notice of code violation set forth in this section, then the failure of any person to receive actual notice will not void any code compliance process set forth in this chapter.
F. If the owner or other responsible person fails to appeal the notice of code violation in compliance with the procedures set forth at Section 2.50.510(A), then the violation will be deemed proved and no further appeal of the notice of code violation will be allowed. (Ord. 5078 §1 (Exh. 1 (part)), 2019).