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(5) Notices and Orders. (a) For valid complaints, the city manager or the manager's designee shall issue an order to the owner or the owner's agent. The notice and order shall include the following: 1. Street address and unit number if applicable; 2. A statement that the city manager or the manager's designee has found the premises to be in violation of sections 8.400 through 8.440 of this code as alleged in the complaint; 3. A description of the violation; 4. Statements advising the owner or the owner's agent that if the required repairs are not completed within ten days from the date of the notice and order, the city manager or the manager's designee may: a. Issue an administrative civil penalty, or initiate a prosecution in municipal court, or both; and b. Initiate action to recover all city costs associated with the processing of the complaint, investigation and the resolution of the issue. 5. Statements that the owner or the owner's agent may appeal the notice and order as specified in section 8.435 of this code; and 6. The date a reinspection will be scheduled. (b) The order, and any amended or supplemental notice and order, shall be mailed to the tenant, owner or the owner's agent by first class mail. (6) Failure to Comply. Failure to comply with the notice and order issued under subsection (5) of this section by the specified date shall constitute a violation subject to the penalties contained in section 8.995 of this code. 8.435 Rental Housinq - Appeals. Any person upon whom an order is served under section 8.440 of this code shall have the right to appeal within the time and in the manner provided in section 2.021 of this code. The appeal must include the applicable fee. 8.440 Rental Housinq- Fees. (1) For the purpose of offsetting the costs to the city associated with the enforcement of this code, the city manager, using the process contained in section 2.020 of this code, shall set an annual fee for each dwelling unit covered by a rental agreement. (2) The following unit types, while subject to the standards, enforcement procedures, and other requirements established in sections 8.400 through 8.440 of this code, shall be exempt from the fee payment requirements: (a) Rentals with a recorded deed restriction requiring the units to be rented affordably to households at or below 50% of the Area Median Income; (b) Rentals under contract with a public agency for which the contract requires the rental to be inspected at least annually, and where Ordinance - 5 L:\CMO\2004 Council Agendas\M040811\04 Rental Housing Ordinance (00091132).DOC(7/12/04)