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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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be provided not less than ten (10) calendar days in which to correct, abate, or <br />otherwise remedy the violation before a Penalty is imposed. <br />e. The failure of a Notice of Violation to satisfy all of the requirements of this <br />provision shall not affect the validity of any other enforcement proceedings under <br />this Code. <br />f. A Responsible Party may appeal the imposition of any Penalty or the amount of <br />such Penalty by filing a Request for Hearing form in accordance with the <br />provisions of Section 1-12-420 of this Chapter. Enforcement of a Notice of <br />Violation shall be stayed during the pendency of an appeal therefrom which is <br />properly and timely filed. The failure to file a timely and proper appeal shall <br />constitute a failure to exhaust administrative remedies and preclude judicial <br />review. <br />g. The amount of the Penalty which maybe imposed for each violation shall be set <br />by a resolution duly adopted by the City Council creating a Schedule of Penalties, <br />which Schedule may be amended from time to time. The Schedule of Penalties <br />shall include a recommended amount for any increased Penalty for repeated <br />violations of the same provisions by the same person within a twelve (12) month <br />period from the date of the issuance of the first Notice of Violation. <br />h. Each and every day during any portion of which any violation is committed, <br />continued, or permitted shall be deemed a separate and distinct violation for <br />purposes of setting the amount of a Penalty to be imposed. A Penalty may <br />continue to accrue on a daily basis until the violation is corrected, up to a <br />maximum amount of $5,000. <br />Any Penalty is a debt owed to the City. In addition to all other means of <br />enforcement, any Penalty specified in the Notice of Violation may be enforced as <br />a personal obligation of the Responsible Parry. If the violation is in connection <br />with real property, any Penalty maybe enforced by imposition of a lien or special <br />assessment upon the real property. Any lien or special assessment imposed upon <br />the real property shall remain in effect until the Penalty is paid in full. <br />1-12-415 Payment and Collection of Administrative Penalty <br />a. If a Penalty is imposed and the Responsible Party fails to timely and properly <br />appeal such imposition, the Responsible Party against whom a Penalty is imposed <br />shall pay any such Penalty within thirty (30) days of the imposition thereof. Any <br />Penalty imposed shall be payable to the City, or to a collection agency if the <br />Penalty has been assigned to a collection agency pursuant to subsection (c), <br />below. <br />b. If the amount of any Penalty imposed for a violation relating to real property has <br />not been satisfied in full within sixty (60) days of the date due and has not been <br />successfully challenged in court, the Penalty amount may become a special <br />assessment and lien against the Affected Property, as provided in Section 1-12- <br />Code Enforcement (2) <br />
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