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8B Consent 2009 1102
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8B Consent 2009 1102
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10/30/2009 9:58:11 AM
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10/30/2009 9:58:10 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/2/2009
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_CC Agenda 2009 1102
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pendens on a property concerning fines and costs incurred related to abatements accomplished under this <br />Chapter. <br />3.2.245 PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY <br />(a) If a penalty is imposed and the responsible party fails to timely and properly appeal such <br />imposition, the responsible party against whom a penalty is imposed shall pay any such penalty within thirty <br />(30) days of the imposition thereof. Any penalty imposed shall be payable to the City, or to a collection agency <br />if the penalty has been assigned to a collection agency pursuant to subsection (c), below. <br />(b) If the amount of any penalty imposed for a violation relating to real property has not been <br />satisfied in full within sixty (60) days of the date due and has not been successfully challenged in court, the <br />penalty amount may become a special assessment and lien against the affected property, as provided in <br />Section 1-12-600 of this Code. If the City elects to make the amount of any penalty a special assessment or <br />lien against the affected property, a statement of the amount due, and any additional costs or expenses that <br />might be recoverable as part of the enforcement action, shall be prepared and submitted to the City Council for <br />confirmation in accordance with the procedures described in Section 1-12-600. <br />(c) Notwithstanding subsection (b), the amount of any unpaid penalty may be collected by <br />commencement of a civil action to collect such penalty, or in any other manner provided by law for the <br />collection of debts, including assignment of the debt to a collection agency. Subject to the requirements of this <br />Chapter and other applicable law, amounts assigned for collection are subject to collection agency rules, <br />regulations and policies. The City shall be entitled to recover any and all costs associated with collection of any <br />such penalty. <br />(d) The payment of a penalty by or on behalf of any responsible party shall not relieve such party <br />from the responsibility of correcting, removing or abating the violation, nor prevent further proceedings under <br />this Chapter or any other lawful authority to achieve the enforced correction, removal or abatement of the <br />violation. <br />3.2.250 HEARINGS <br />(a) Any person appealing a notice of violation under this Chapter must obtain a "request for <br />hearing" form from the City Clerk and return it fully completed within fifteen (15) days from the date of service <br />of the notice of violation, At the time of returning the request for hearing form to the City Clerk, the person or <br />entity requesting the appeals hearing shall pay an appeals processing fee established by the City Council. <br />Failure to submit a completed appeals form or to pay the appeals processing fee constitutes a waiver of the <br />right to appeal the notice of violation and a failure to exhaust administrative remedies. <br />(b) The hearing on appeal shall be set for a date not less than ten (10) days nor more than sixty <br />(60) days from the date the request for hearing form is filed, unless the Enforcement Officer determines that <br />the matter is urgent or that good cause exists for an extension of time, in which case the date for such hearing <br />may be shortened, or extended, as warranted by the circumstances. <br />(c) The hearing set pursuant to an order in the notice of violation shall beset for a date not less <br />than seven (7) days nor more than sixty (60) days from the date the notice of violation is served, unless the <br />
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