KCC 18.02_Edits_Redline - Laserfiche WebLink

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Page | 2 authorized official, may result in the issuing of a notice of infraction, Notice of Violation and Abatement or possible criminal charges and the commencement of a monetary penalty in an amount per day for each violation, assessed against the person(s) in the case of violations of 18.01.010(1) KCC, and against the land in the case of violations under 18.01.010(2) KCC or 18.01.010(3) KCC, to whom the order to correct violation is directed for each and every day, or portion thereof, on which the violation continues following the date set for correction; and f. Notice that multi-day violations are chargeable as crimes under 18.01.050 KCC; and g. The signature of the authorized official who issues the order to correct violation. 3. Order to correct violation - Service. a. The order to correct violation is issued to the landowner or to any person causing, allowing, or participating in the alleged violation. The order to correct violation shall be served upon the person to whom it is directed by either: i. personal service of an authorized official pursuant to 18.01.020 KCC; or ii. by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, to such person at his/her last known address. b. Where practical, a copy of the notice should be posted on the affected property or structure. Failure to post a copy of the notice is not, however, a requirement of proper service. c. The failure of the landowner or person causing, allowing, or participating in the alleged violation to receive such Order to Correct shall not affect the validity of any proceedings taken under this Chapter. Service by certified mail in the manner provided in this section shall be effective on the third day after the date of postmark, excluding Saturdays, Sundays, and holidays. 4. Order to correct violation - Extension of Time. Upon written agreement between an authorized official and the party allegedly in violation, the parties may agree to an extension of time to correct the violation. a. The extension of time shall include a date certain in the future upon which correction of the violation is to be complete. b. The extension of time shall be granted only upon a showing of good cause as demonstrated in the written agreement. Among others, factors to be considered are: i. Substantial completion of the necessary correction; ii. Unforeseeable circumstances which render completion of the necessary correction impossible by the date established; iii. A proposed phase removal plan that extends beyond the established correction date. 5. Order to correct violation - Repeat Offense. When an order to correct violation has been previously issued for the same offense to the same person at the same location, the authorized official is not required to issue an order to correct violation and may