Ord 2009-009 - Laserfiche WebLink

Home

determined to constitute a violation, the Hearing Body may order the violation or violations abated, and may order that the responsible party shall bear the costs of such abatement including ali administrative costs incurred by the City. (8) The signature of the citing Enforcement Officer. (b) Service of notice of violation shall be made upon the responsible party or the owner, personally or by First Class U.S. Mail, with Certificate of Mailing, and if by such mail to the owner it shall be sent to the last known address listed on the most recent tax assessor's records. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by First Class U.S. Mail, service shall be deemed complete at the time of deposit into the United States mail. Where service is by First Class U.S. Mail upon the owner, a copy of the notice of violation shall be conspicuously posted at the affected property for a period of not less than three (3) calendar days prior to the first date that commencement of corrective action or abatement is to be undertaken. The failure of any person to receive a notice of violation that was sent via First Class U.S. Mail shall not affect the validity of any enforcement proceedings under this Chapter. (c) Proof of service of the notice of violation shall be certified by a written declaration under penalty of perjury executed by the person effecting service, declaring the date, time, and manner that service was made, and the date and place of posting, if applicable. The declaration, along with the Certificate of Mailing, shall be affixed to a copy of the notice of violation and retained by the Enforcement Officer. (d) The time allowed for abatement of a violation shall be a "reasonable time" in the judgment of the Enforcement Officer, based upon the circumstances of the particular violation, taking into consideration the means required to abate the violation, the period of time that the nuisance has existed, and the potential threat to public health and safety created by the violation. (e) The failure of a notice of violation to satisfy all of the requirements of this provision shall not affect the validity of any other enforcement proceedings under this Code. (f) The amount of the penalty that may be imposed for each violation shall be set by a resolution duly adopted by the City Council creating a schedule of penalties, which schedule may be amended from time to time. The schedule of penalties shall include a recommended amount for any increased penalty for repeated violations of the same provisions by the same person within a twelve (12) month period from the date of the issuance of the first notice of violation. (g) Each and every day during any portion of which any violation is committed, continued, or permitted shall be deemed a separate and distinct violation for purposes of setting the amount of a penalty to be imposed. A penalty may continue to accrue on a daily basis until the violation is corrected, up to a maximum amount of Five Thousand Dollars ($5,000.00). (1) Any penalty is a debt owed to the City. In addition to all other means of enforcement, any penalty specified in the notice of violation may be enforced as a personal obligation of the responsible party. If the violation is in connection with real property, any penalty may be enforced by imposition of a lien or special assessment upon the real property. Any lien or special assessment imposed upon the real property shall remain in effect until the penalty is paid in full. The Enforcement Official has discretion to record a notice of lis ORDINANCE N0.2009-009