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Ord 2011-006
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Ord 2011-006
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Last modified
4/11/2011 10:15:25 AM
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4/11/2011 10:15:24 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
4/4/2011
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PERM
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8G Consent 2011 0404
(Reference)
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\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0404
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Administrative Order shall specify that if the City undertakes to abate or eliminate the <br /> violation it shall be entitled to recovery of all costs and expenses incurred in performing <br /> such work, and shall also be entitled to recover its administrative costs. Administrative <br /> costs shall include costs incurred by the City in connection with the proceeding, including <br /> attorney's fees, costs of investigation, staffing costs incurred in preparation for the <br /> hearing and for the hearing itself, and the cost of any re- inspection and other costs <br /> necessary to enforce the Administrative Order. Such costs, if unpaid, may be recovered <br /> by the City 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 /> Section 6. Section 1 -12 -440 of Chapter 1 -12 of the San Leandro Municipal Code is <br /> hereby amended as follows (additions in underline; deletions in °tnket rough): <br /> 1 -12 -440 PAYMENT OF PENALTY. <br /> (a) Any penalty imposed by the Administrative Hearing Body shall be paid to the City <br /> within thirty (30) days from the date of the decision, unless an extension of time is requested by <br /> the violator and granted by the Administrative Hearing Body. <br /> (b) Any appeals processing fee that is paid pursuant to Section 1 -12 -420 (a), above, shall <br /> be refunded to the payee if it is determined by the Administrative Hearing Body that the person <br /> charged in the notice of violation was not responsible for the violation or that there was no <br /> 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 that is the <br /> subject of the notice of violation. <br /> (d) Any penalty imposed by the Administrative Hearing Body shall accrue from the date <br /> specified in the notice of violation and shall continue to accrue on a daily basis until the violation <br /> is corrected. The determination of compliance or elimination of the violation shall be made by <br /> the Enforcement Officer, unless such determination was made by the Administrative Hearing <br /> Body as a result of the hearing. The Administrative Hearing Body, in its discretion, may suspend <br /> the imposition of any penalty for a period of time not to exceed sixty (60) days during which the <br /> responsible party applies for permits required to achieve compliance, and such permit <br /> applications are actively pending before, or have already been issued by, the City, the State, or <br /> other appropriate governmental agency. <br /> (e) Any penalty assessed by the Administrative Hearing Body is a debt owed to the City. <br /> In addition to all other means of enforcement and/or collection, any such penalty may be <br /> enforced as a personal obligation of the responsible party. If the violation is in connection with <br /> real property, such penalty may be enforced by imposition of a lien or special assessment upon <br /> the real property. Any lien or special assessment imposed upon the real property shall remain in <br /> effect until the penalty is paid in full. <br /> ORDINANCE NO. 201 1 -006 4 <br />
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