Title 9 PUBLIC PEACE AND WELFARE
Chapter 9.02 PUBLIC NUISANCES GENERALLY
9.02.071 Voluntary correction.
A. Applicability. This section applies when designated
planning and development department official (hereinafter code official for this
section) determines that a violation of a regulation has occurred or is
occurring.
1. General. The code official shall pursue a reasonable
attempt to secure voluntary correction by causing written notice to be given to
the person responsible for the violation where possible, or to the owner of
record at the public address of record or 9-1-1 address, explaining the
violation and the abatement and appeals process.
2. Issuance of Voluntary Correction Agreement. A voluntary
correction agreement may be entered into between the person responsible for the
violation and the county, acting through the planning and development
director.
B. Content. The voluntary correction agreement is a contract
between the county and the person responsible for the violation under which such
person agrees to abate the violation within a specified time and according to
specified conditions. Time frame shall be as short as possible, not to exceed
one hundred eighty (180) days, and shall have measurable milestones at a maximum
of forty-five-day intervals. The voluntary correction agreement shall include
the following:
1. The name and address of the person responsible for the
violation;
2. The street address or a description sufficient for
identification of the building, structure, premises, or land upon or within
which the violation has occurred or is occurring;
3. A description of the violation and a reference to the
provision(s) of the county code of laws section, ordinance or regulation which
has been violated;
4. The necessary corrective action to be taken, and a date or
time by which correction must be completed, phased if necessary with defined
requirements for task completion at specific intervals;
5. An agreement by the person responsible for the violation
that the county may abate the violation and recover its costs and expenses and a
monetary penalty pursuant to this chapter from the person responsible for the
violation, if terms of the voluntary correction agreement are not met;
and
6. An agreement that by entering into the voluntary
correction agreement, the person responsible for the violation waives the right
to an administrative appeal of the violation and/or the required corrective
action.
C. Right to a Hearing Waived. The person responsible for the
violation waives the right to an administrative appeal of the violation and the
required corrective action upon entering into a voluntary correction
agreement.
D. Abatement by the County. The county may abate the
violation if the terms of the voluntary correction agreement are not met. (Ord.
05-O-02 § 2, 2005)