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8B Consent 2009 1116
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8B Consent 2009 1116
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Last modified
11/13/2009 9:10:22 AM
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11/13/2009 9:10:22 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/16/2009
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_CC Agenda 2009 1116
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1116
Ord 2009-009
(Superseded by)
Path:
\City Clerk\City Council\Ordinances\2009
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determined to constitute a violation, the Hearing Body may order the violation or violations abated, and may <br />order that the responsible party shall bear the costs of such abatement including all administrative costs <br />incurred by the City. <br />(8) The signature of the citing Enforcement Officer. <br />(b) Service of notice of violation shall be made upon the responsible party or the owner, <br />personally or by First Class U.S. Mail, with Certificate of Mailing, and if by such mail to the owner it shall be <br />sent to the last known address listed on the most recent tax assessor's records. In the case of personal <br />service, service shall be deemed complete at the time of such delivery. In the case of service by First Class <br />U.S. Mail, service shall be deemed complete at the time of deposit into the United States mail. Where service <br />is by First Class U.S. Mail upon the owner, a copy of the notice of violation shall be conspicuously posted at <br />the affected property for a period of not less than three (3) calendar days prior to the first date that <br />commencement of corrective action or abatement is to be undertaken. The failure of any person to receive a <br />notice of violation that was sent via First Class U.S. Mail shall not affect the validity of any enforcement <br />proceedings under this Chapter. <br />(c) Proof of service of the notice of violation shall be certified by a written declaration under <br />penalty of perjury executed by the person effecting service, declaring the date, time, and manner that service <br />was made, and the date and place of posting, if applicable. The declaration, along with the Certificate of <br />Mailing, shall be affixed to a copy of the notice of violation and retained by the Enforcement Officer. <br />(d) The time allowed for abatement of a violation shall be a "reasonable time" in the judgment of <br />the Enforcement Officer, based upon the circumstances of the particular violation, taking into consideration the <br />means required to abate the violation, the period of time that the nuisance has existed, and the potential threat <br />to public health and safety created by the violation. <br />(e) The failure of a notice of violation to satisfy all of the requirements of this provision shall not <br />affect the validity of any other enforcement proceedings under this Code. <br />(f) The amount of the penalty that may be imposed for each violation shall be set by a resolution <br />duly adopted by the City Council creating a schedule of penalties, which schedule may be amended from time <br />to time. The schedule of penalties 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 period from the date of the <br />issuance of the first notice of violation, <br />(g) Each and every day during any portion of which any violation is committed, continued, or <br />permitted shall be deemed a separate and distinct violation for purposes of setting the amount of a penalty to <br />be imposed. A penalty may continue to accrue on a daily basis until the violation is corrected, up to a <br />maximum amount of Five Thousand Dollars ($5,000.00). <br />(1) Any penalty is a debt owed to the City. In addition to all other means of enforcement, any <br />penalty specified in the notice of violation may be enforced as a personal obligation of the responsible party, If <br />the violation is in connection with real property, any penalty may be enforced by imposition of a lien or special <br />assessment upon the real property. Any lien or special assessment imposed upon the real property shall <br />remain in effect until the penalty is paid in full. The Enforcement Official has discretion to record a notice of lis <br />ORDINANCE N0.2009-009 3 <br />
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