§ 5.04.070. Notice of violation.

Any person who violates any provisions of this chapter may be served with a written or verbal notice to cease or remedy such violation by the commissioner. Except for a public hazard or nuisance to the extent that the health, safety or welfare of the public is endangered, such notices shall require that such person cease or remedy the violation within forty-eight hours. The notice may also specify whether the identified violation will be treated as a misdemeanor or an infraction. The determination of misdemeanor or infraction status shall be made by the commissioner prior to the issuance of a citation, taking into consideration all the factors known to the commissioner relative to the violation, including gravity, severity, quality and nature of an aggravation of the circumstances of the violation and any matters in mitigation. The notices shall require that such persons cease or remedy the violation within forty-eight hours unless the circumstances immediately endanger the public and necessitate abatement. Any person who fails to cease or remedy the violation within the forty-eight-hour time period is guilty of a misdemeanor or infraction as specified in the provisions of the notice. The notices required by this section shall be served personally on such person, or, if he cannot be found, shall be served by United States mail, first class, postage prepaid to the most recent address of the person known to the commissioner; or if said person is actually determined not to have been served by mail, then service shall be accomplished by posting a notice in a conspicuous place on or near the apiary where the violation occurred. The forty-eight-hour period referred to in this section shall commence to run from the time on a day when notice is served pursuant to this section.

(Ord. 2791 § 1 (part), 1997: Ord. 2271 § 1 (part), 1986)