Procedures—Notice and Order
San Diego Municipal Code § 12.0804
in effect§12.0804 Procedures—Notice and Order
(a) Whenever a Director determines that a violation of one or more provisions of the Municipal Code or applicable state code has occurred or continues to exist, a written civil penalties Notice and Order may be issued to the Responsible Person.
(b) The Notice and Order shall refer to all code sections violated and describe how each section is or has been violated.
(c) The Notice and Order shall refer to the dates and locations of the violations.
(d) The Notice and Order shall describe all remedial action required to permanently correct outstanding violations and establish time frames for completion.
(e) The Notice and Order shall establish a daily amount of civil penalties. The Director shall determine the daily amount of civil penalties pursuant to the criteria in Section 12.0805 of this Division.
(f) The Notice and Order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties ended, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the Notice and Order until the violations are corrected.
(g) If a Director determines that the violations are continuing, the Notice and Order shall demand that the Responsible Person cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate City Departments.
(h) The Notice and Order shall enumerate any other consequences should the Responsible Person fail to comply with the terms and deadlines as prescribed in the Notice and Order.
(i) The Notice and Order shall identify appropriate hearing procedures as required by Sections 12.0401 through 12.0413 of this Chapter.
(j) The Notice and Order shall be served upon the Responsible Person by any one of the methods of service listed in Section 11.0301 of this Chapter.
(k) The Notice and Order shall identify the factors used by a Director in determining the duration and the daily amount of civil penalties.
(l) More than one Notice and Order may be issued against the same Responsible Person if it encompasses either different dates or different violations.
(“Procedures—Notice and Order” renumbered from Sec. 13.0334 and amended 8-10–1993 by O–17956 N.S.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter01/Ch01Art02Division08.pdf#page=2Fetched: 10/28/2026