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8L Consent Calendar 2017 0619
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8L Consent Calendar 2017 0619
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
6/19/2017
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<br /> (g) Any penalty is a debt owed to the City. In addition to all other means of <br />enforcement, any penalty 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 <br />lien or special assessment upon the real property. Any lien or special assessment imposed upon <br />the real property shall remain in effect until the penalty is paid in full. <br /> <br />1-12-420 PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY. <br /> (a) If a penalty is imposed and the responsible party fails to timely and properly <br />appeal such imposition, the responsible party against whom a penalty is imposed shall pay any <br />such penalty within thirty (30) days of the imposition thereof. Any penalty imposed shall be payable to the City, or to a collection agency if the penalty has been assigned to a collection <br />agency pursuant to subsection (c), below. <br /> (b) If the amount of any penalty imposed for a violation relating to real property has <br />not been satisfied in full within sixty (60) days of the date due and has not been successfully <br />challenged in court, the penalty amount may become a special assessment and lien against the affected property, as provided in Section 1-12-600 of this Chapter. If the City elects to make the <br />amount of any penalty a special assessment or lien against the affected property, a statement of <br />the amount due, and any additional costs or expenses that might be recoverable as part of the <br />enforcement action, shall be prepared and submitted to the City Council for confirmation in <br />accordance with the procedures described in Section 1-12-600. <br /> (c) Notwithstanding subsection (b), the amount of any unpaid penalty may be <br />collected by commencement of a civil action to collect such penalty, or in any other manner <br />provided by law for the collection of debts, including assignment of the debt to a collection <br />agency. Subject to the requirements of this Chapter and other applicable law, amounts assigned for collection are subject to collection agency rules, regulations and policies. The City shall be entitled to recover any and all costs associated with collection of any such penalty. <br /> (d) The payment of a penalty by or on behalf of any responsible party shall not <br />relieve such party from the responsibility of correcting, removing or abating the violation, nor <br />prevent further proceedings under this Chapter or any other lawful authority to achieve the enforced correction, removal or abatement of the violation. <br />1-12-425 HEARINGS. <br /> (a) Any person appealing a notice of violation or penalty must obtain a “request for <br />hearing” form from the City Clerk’s Office and return it fully completed within fifteen (15) days <br />from the date of service of the notice of violation or penalty. At the time of returning the request <br />for hearing form to the City Clerk’s Office, the person or entity requesting the appeals hearing shall pay an appeals processing fee established by the City Council. Failure to submit a <br />completed appeals form or to pay the appeals processing fee constitutes a waiver of the right to <br />appeal the notice of violation or penalty and a failure to exhaust administrative remedies. <br />Imposition of a penalty shall be stayed during the pendency of an appeal therefrom which is <br />properly and timely filed. <br />238
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