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Ord 2002-031
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Ord 2002-031
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7/2/2008 4:17:13 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
12/9/2002
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PERM
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.~ <br />imposed a Penalty may confirm, vacate, or modify but not increase, any such <br />Penalty imposed by the Enforcement Officer, and order the payment thereof. The <br />decision shall state that judicial review of the decision may be had by filing an <br />appeal pursuant to Section 1-12-450(a), and shall specify the time limits for such <br />filing. <br />b. A Hearing Body conducting a hearing set pursuant to an order in the Notice of <br />Violation, if it determines that a violation exists, may issue an Administrative <br />Order imposing the remedies provided in this subsection. Notice concerning <br />judicial review of the decision shall be given as provided in Section 1-12-$00(d). <br />The remedies for a violation found as a result of such a hearing shall be as <br />follows: <br />Requiring the Responsible Party to correct or eliminate the violation or <br />nuisance condition, including a proposed schedule for correction or <br />elimination. <br />2. Authorizing the City to enforce the Administrative Order and abate or <br />cause the abatement of the violation where the Responsible Party has <br />refused or has otherwise neglected to take appropriate steps to correct or <br />eliminate the violation. The Administrative Order shall specify that if the <br />City undertakes to abate or eliminate the violation it shall be entitled to <br />recovery of all costs and expenses incurred in performing such work, and <br />shall also be entitled to recover its administrative costs. Administrative <br />costs shall include casts incurred by the City in connection with the <br />proceeding, including attorney's fees, costs of investigation, staffing costs <br />incurred in preparation for the hearing and for the hearing itself, and the <br />cost of any re-inspection and other costs necessary to enforce the <br />Administrative Order. Such costs, if unpaid, may be recovered by the City <br />through a lien on the Affected property or through a special assessment as <br />provided in Section 1-12-600 of this Chapter. <br />3. Any other order or remedy that is in the interests of justice. <br />1-12-440 Payment of Penalty. <br />a. Any Penalty imposed by the Hearing Body shall be paid to the City within 30 <br />days from the date of the decision, unless an extension of time is requested by the <br />violator and granted by the Hearing Body. <br />b. Any appeals processing fee that is paid pursuant to Section 1-12-420 (a), above, <br />shall be refunded to the payee if it is determined by the Hearing Body that the <br />person charged in the Notice of Violation was not responsible for the violation or <br />that there was no violation as charged in said Notice. <br />c. Payment of any Penalty that is upheld or otherwise imposed by the Hearing Body <br />shall not excuse or permit any continuation or repeated occurrence of the violation <br />that is the subject of the Notice of Violation. <br />Code Enforcement (2) 11 <br />
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