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8N Consent Calendar 2017 0605
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8N Consent Calendar 2017 0605
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5/31/2017 11:06:15 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
6/5/2017
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(c) Any costs awarded to the City under this section may be enforced and collected upon in the manner described in Section 1-12-600, below. <br />ARTICLE 4. ADMINISTRATIVE ENFORCEMENT <br />1-12-400 ADMINISTRATIVE ENFORCEMENT OF CODE VIOLATIONS. <br /> Any Enforcement Officer shall have the authority to gain compliance with all provisions of this Code. These powers include the power to issue a notice of violation and administrative penalties, as described below in Sections 1-12-410 and 1-12-415, the power to inspect public and <br />private property, and to seek and employ whatever remedies are available under this Code. <br />1-12-410 NOTICE OF VIOLATION. <br /> (a) Subject to subsection (e), below, whenever an Enforcement Officer finds that a provision of this Code has been violated, including but not limited to a failure to comply with a condition imposed by any agreement, entitlement, permit, license or environmental document <br />issued or approved by or on behalf of the City or the City’s Redevelopment Agency, or failure to <br />comply with any County, State or Federal laws the violation of which constitutes a public <br />nuisance, and such officer determines to pursue administrative enforcement of the violation pursuant to this Chapter, he or she shall issue the responsible party a written notice of the violation either imposing a penalty or orderingproviding that the City will abate the violation and <br />providing the responsible party with an opportunity to appeal the notice of violation to appear at <br />a hearing and show cause at a hearing as to why such condition should not be abated by the City <br />at the responsibly party’s expense (“notice of violation”). Failure to appeal pursuant to Section 1-12-425 of this Chapter constitutes a waiver of the right to appeal the notice of violation and a <br />failure to exhaust administrative remedies. Such notice of violation shall be served on the <br />Responsible party in the manner described in subsection (b), below. The Enforcement Officer <br />shall include in the notice of violation the following information: <br /> (1) The date and location of the violation, including the address or other definite description of the location where the violation occurred, or is occurring; <br /> (2) The sections of the Code being violated and a description of each such violation; <br /> (3) Actions required to correct or abate the violation, and the period of time during <br />which such required actions shall be commenced and completed, such period of time to be <br />determined in the manner set forth in subsection (d), below. <br /> (4) One of the following statements: <br /> (i) The amount of the penalty to be imposed for each violation up to a maximum <br />penalty of One Hundred Fifty Dollars ($150.00) for a first violation, Three Hundred Dollars <br />($300.00) for a second violation of the same ordinance within one year, and Six Hundred Dollars <br />($600.00) for each additional violation within one year, and the first day that any such penalty will be imposed. <br /> (ii) A statement that the failure to correct and abate the violation, will result in the <br />Enforcement Officer ordering the violation or violations abated, and ordering that the responsible <br />party bear the costs of such abatement including all administrative costs incurred by the City. <br />An order setting a time and place for hearing at which the responsible party is ordered to appear <br />172
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