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Attachment 1 <br />Current and Proposed Administrative Enforcement Process <br /> <br />Current Administrative Enforcement Process <br />An outline of the current administrative enforcement process that can take upwards of six months <br />follows. <br /> <br /> Step 1 - Courtesy Notice of Violation: In order to provide residents, businesses and property <br />owners sufficient notification, a Courtesy Notice of Violation (CNOV) is the first step in the process <br />of enforcement. The CNOV clearly identifies the violation and required corrective action and <br />generally provides 30-days to abate the violation. The CNOV is mailed to the Responsible Party, <br />i.e. the person or business who have caused the violation and the owner or tenant of the affected <br />property. <br /> <br /> Step 2 – Notice of Violation: In cases where the violation is not abated after the specified <br />period, a Notice of Violation with a $150 fine is sent to the Responsible Party via first class mail, <br />certified mail and a copy of the NOV is posted at the affected property on the date of issuance. The <br />time provided to abate the violation takes into consideration the circumstances of the particular <br />violation. In all cases except those that pose a health and safety threat, the Responsible Party is <br />generally provided 30-days for abatement. <br /> <br /> Step 3 – Second Notice of Violation: If the violation remains after the specified deadline <br />identified in the NOV, a Second Notice of Violation (that closely resembles the first NOV) is sent to <br />the Responsible Party with a $300 fine. <br /> <br /> Step 4 – Notice of Administrative Hearing: If the violation is not corrected, the Responsible <br />Party is notified of an Administrative Hearing to abate the issue. The hearing date is set not less <br />than fifteen days nor more than sixty days from the date of the Notice of Administrative Hearing. <br />The maximum amount of fines that can be assessed to a Responsible Party is $5,000. <br /> <br /> Step 5 – Administrative Hearing: Staff from the City Attorney’s Office advises the <br />Administrative Hearing Board and assists in the preparation of Administrative Orders. The hearings <br />are open to the public. The City’s Community Compliance staff presents the cases to the Board and <br />the Responsible Party is provided an opportunity to present their side of the case. The <br />Administrative Hearing Board issues Administrative Orders within thirty days of the hearing date. <br /> <br /> <br /> Step 6 – Obtain Judicial Warrant and Abate: In order to legally abate a nuisance on a <br />property, staff must obtain a warrant from a judge proving that multiple attempts have been made to <br />remedy the situation and proper notification has been provided to the Responsible Party. <br />Additionally, staff must arrange for abatement. <br /> <br /> <br />148