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8L Consent Calendar 2017 0619
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8L Consent Calendar 2017 0619
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6/14/2017 9:55:19 AM
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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 /> (6) The appellant shall be served with a copy of the decision of the Administrative <br />Hearing Body, including an Administrative Order if one is issued, in the manner and method set <br />forth in Section 1-12-410 (b), above. <br />1-12-430 DECISION OF THE ADMINISTRATIVE HEARING BODY AND <br />ADMINISTRATIVE ORDER. <br /> (a) The Administrative Hearing Body considering any appeal of the imposition of a <br />penalty pursuant to Section 1-12-425 may confirm, vacate, or modify but not increase, any such <br />penalty imposed, and order the payment thereof. The decision shall state that review of the <br />decision may be had by filing an appeal pursuant to Section 1-12-450, and shall specify the time limits for such filing. <br /> (b) The Administrative Hearing Body considering any appeal of a notice of violation, <br />if it determines that a violation exists, may issue an Administrative Order imposing the remedies <br />provided in this subsection. Notice concerning judicial review of the decision shall be given as <br />provided in Section 1-12-800(d). The remedies for a violation found as a result of such a hearing <br />shall be as follows: <br /> (1) Requiring the responsible party to correct or eliminate the violation or nuisance <br />condition, including a proposed schedule for correction or elimination. <br /> (2) Authorizing the City to enforce the Administrative Order and abate or cause the <br />abatement of the violation where the responsible party has refused or has otherwise neglected to take appropriate steps to correct or eliminate the violation. The Administrative Order shall specify that if the City undertakes to abate or eliminate the violation it shall be entitled to <br />recovery of all costs and expenses incurred in performing such work, and shall also be entitled to <br />recover its administrative costs. Administrative costs shall include costs incurred by the City in <br />connection with the proceeding, including attorney’s fees, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and the cost of any re-inspection and other costs necessary to enforce the Administrative Order. Such costs, if unpaid, may be <br />recovered 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 />1-12-440 PAYMENT OF PENALTY. <br /> (a) Any penalty imposed by the Administrative Hearing Body shall be paid to the <br />City within thirty (30) days from the date of the decision, unless an extension of time is <br />requested by the violator and granted by the Administrative Hearing Body. <br /> (b) Any appeals processing fee that is paid pursuant to Section 1-12-425(a), above, shall be refunded to the payee if it is determined by the Administrative Hearing Body that the person assessed the penalty was not responsible for the violation or that there was no violation as <br />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 subject of the penalty. <br />240
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