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1.18.040 Issuance of notice of intent and right to appeal.
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A. Whenever the enforcement official has issued a notice to abate violation and the property remains in violation after the deadline established in the notice to abate violation, the enforcement official shall issue to the responsible person a notice of intent to record a notice of violation. The notice of intent shall include a copy of the notice to abate violation and shall advise of the intent to record the notice of violation in accordance with the provisions of this chapter unless the matter is timely appealed and a determination made by the Board of Supervisors that the alleged violations do not exist and the notice to abate violation is not legally justified.

B. The notice of intent shall be served by personal service, or certified mail, return receipt requested, or by posting the notice conspicuously on or in front of the property, together with service by regular mail. The notice of intent shall also be served on the property owner if the property owner is not the person or persons occupying the property. The enforcement official may, but shall not be obligated to, send a courtesy copy of the notice of intent to any financial institution with a legal interest in the real property.

C. The responsible person and/or property owner may, within 15 calendar days of the date of service of a notice of intent to record a notice of violation, file a written appeal to contest the recording of a notice of violation pursuant to the procedures outlined in this chapter. The appeal shall be filed with the County Clerk on the form provided by the County Clerk and must be received by the County Clerk within said 15 calendar day period.

D. Upon receipt of the written appeal, the enforcement official shall schedule a hearing pursuant to the procedures set forth in this chapter. The purpose of the hearing is to address whether violations of the Sierra County Code or state law are reasonably shown to exist on the subject property so as to justify the issuance and recording of a notice of violation.

E. The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative appeal hearing and shall not affect the validity of the recorded notice of violation.

F. If an appeal is not timely filed contesting intent to record a notice of violation, then the enforcement official may proceed with the recording of the notice of violation. (Ord. 1054, eff. 8/21/14)